In the state of Ohio, it is legal for police officers to impound your car when you are arrested for DUI/OVI, even if it is your first time being charged with this crime.
If you’ve been charged with your first DUI offense… Or if your last DUI/OVI charge occurred more than six years before, it is legal for law enforcement officials to tow your vehicle, although you do have the right to retrieve your vehicle after it has been towed.
If you are convicted for your second DUI/OVI offense in the past six years… Your license plates could be impounded for a period of at least one year. If you are allowed to retrieve your car—and some courts might not let you—you still won’t be able to drive it legally for 90 days because it is subject to a 90-day impoundment.
If you are convicted for your third (or more) DUI/OVI offense in the past six years… Your vehicle will be legally forfeited to the state of Ohio.
If you’ve been involved in a DUI case in the Cincinnati, Ohio, area and your car was towed and impounded, here’s what you need to know.
(Note: The following information has been taken directly from the City of Cincinnati’s website.)
If a car is impounded, Cincinnati legislation states that the owner of the vehicle must be notified in person, via phone, or via letter (sent to the last known address of the registered owner). If the impounding police officers are unable to notify the owner before the vehicle has been impounded, the Impound Unit personnel will be responsible for contacting the owner.
The impound lot in Cincinnati is located at 3425 Spring Grove Avenue, Cincinnati, OH 45225. Hours of operation are:
There are a few basic charges of getting your car towed and impounded in Cincinnati:
You might also encounter additional fees, such as extra towing time or an inspection fee, if they are necessary.
You will need a few different documents in order to retrieve your car after it has been impounded:
If your car has been impounded because of DUI but you happen to have outstanding traffic tickets, you’ll need to get these taken care of before you can retrieve your car. These tickets can be paid at the Hamilton County Clerk’s office.
According to the Cincinnati Municipal Code 513-5(7), “Failure to obtain release of the motor vehicle within 20 days after impoundment may cause it to be sold at public auction if unclaimed.”
Public auctions at the Cincinnati impound lot are held on the first and third Saturday of each month, on the lot, at 10 a.m. You are allowed to retrieve personal items from inside your vehicle if you are unable to pay the necessary fees before it is put up for auction, but you are not allowed to remove any electronics or individual vehicle parts from your car.
It might surprise you, but many police officers aren’t actually familiar with the towing and impounding laws in their city. Many police agencies have contracts with private impound lots and it can be even more difficult to retrieve your vehicle if it has been taken to a private lot.
First, it is important that you request the release of your vehicle even if it was towed for a legal reason (such as a DUI). If you don’t ask for the release, the police can say that you have abandoned your vehicle. Remember: towing your vehicle is not the same thing as holding your vehicle.
For a DUI/OVI charge, you may need to get an order from the court for a release. Courts generally do not try to keep an impounded vehicle if the owner is able to pay the necessary fees, because the police agency responsible for impounding the vehicle may have to pay storage fees if you are not convicted of your DUI/OVI charge.
At The Farrish Law Firm, L.P.A., we believe that it’s important for local drivers to understand local DUI/OVI laws. If you have been charged with DUI/OVI, our experienced DUI attorneys can help you avoid losing your vehicle permanently. Contact our office today at 513-549-0611 to schedule a free consultation.
Kelly Farrish always knew he wanted to be an attorney, but he the path he took to get there isn’t like most. He served five years in the United States Air Force and did two voluntary years in South Vietnam. When he returned to Cincinnati, he worked the midnight shift as a technician at Cincinnati Bell, all the while attending college full time year round for three years. He graduated Cum Laude from the University of Cincinnati. [ ATTORNEY BIO ]