Car being towed after SUSPECTED DUI

Question

i got pulled over for a DUI and i elected to take a blood test and got taken to the hospital to get blood drawn and then the cops released me to a sober person so i did not have to go to jail or anything. I found out when they released me that my car had been towed and the results came back .00000000 so is it against the law at all to tow a car for a suspected DUI? The car was also pulled off the road all the way, i also passed a field sobriety and THEN refused a breathalyzer.

Answer 1

No, in Colorado they had probable cause to hold you and remove your vehicle from a public roadway. It's not illegal for them to tow your car. Your vehicle posed a possible public safety hazard sitting on a public roadway, so they removed the vehicle. If your vehicle was still on any portion of the shoulder, or even on any public right of way (most roads in Colorado have so many feet off of the shoulder that are still considered a right of way that the state has to maintain, therefore still considered part of the public roadway) it's towable.

Same basic theory as an inoperable vehicle (broken down, flat tire, etc.) on a public roadway in Colorado. It MUST be removed or it will be towed, and the vehicle's owner is charged the tow fees.

Answer 2

1. Any person detained or arrested and removed from their vehicle will have the car towed or could be released to a sober, licensed driver. Some agencies require the towing of all. Doesn't matter whether you were off the road or not, you were operating on a public roadway prior to that.

2. Just because your blood alcohol came back 0.0000 doesn't mean that you were sober, it means that you weren't under the influence of alcohol. It may be determined that you were under the influence of drugs or illegal substances.

3. Many states, you get an automatic suspension when you refuse a breath test. In my state, it is a presumption of guilt when a person refuses.

4. If you had any illegal substances in your system, you'll probably be arrested at a later date.

5. If you want your car back, you'll have to pay the towing and impound fees.  

Answer 3

They should give you back your car without any fines to pay since you were cleared. Why did you refuse the breathalyzer? Maybe by refusing you legally admitted guilt. All I know is the laws in the US are one the most unfair in the world.  Not at all the land of the free.

Answer 4

You would still have to pay the tow.  

Answer 5

Sounds like a dumb complication of getting hard on DUI, since having the car towed is like a $100-200 fine when you are not guilty to get the car back.  

Answer 6

You refused the breathalyzer so you could delay results by getting a blood test?  Interesting move. Note: They would not have offered the breathalyzer if you "passed the field sobriety test" as you claim.

Thanks to you refusing the breath test, you made it necessary to transport you to the hospital. In the mean time, the police will not take responsibility for leaving your car along the roadside, so it HAD to be towed.

Pay the tow bill. It's cheaper than the DUI.  (You said you had "2 drinks".  This is the standard answer given to all officers.)

Answer 7

As long as you don't have to pay for the towing, I'd let it go.  But if you have to pay for something, you should sue BIG TIME.  I'm not big on suing anyone, but some cops are just A--holes.  (not all, I like cops in general, but some are nasty and hot headed).  You passed one test, I don't understand why you'd have to do a breathalyzer, but I'd have taken it if I were sober.

Answer 8

Sure. If they think you're too drunk to drive, they can't let you drive it. If they force you to leave it beside the road and something happens to it, you're right back he complaining they didn't take care of it, or you want to sue them for the damage. Just your little contribution to the law enforcement effort. Thank you. Come again.

We used to call the two operator in this situation and ask him to release the car without charge. He didn't have to, but he did, because he wasn't out much and would get plenty more business.  

Answer 9

Not against the law in the least.  In order to pull you over the officer needed to have a reason they could articulate...which means something you can get a ticket for.  Then the officer had a reasonalbe suspicion you were drinking, which you ADMITTED to.  The officer then has the right to tow the vehicle for suspicion of DWI.  Any "reasonable" officer with the facts that you gave would have done the same thing.  Many facts lead up to a DWI arrest that have nothing to do with the BAC.

Still looking for the question.  Sounds more like a rant.

Answer 10

You were arrested. Thats all that needs to happen to tow a car.

Answer 11

They were wrong but once you will not take the sobriety test, you are screwed.  They are pissed and will F*** you anyway they can and there is nothing you can do about it unless yuo are rich enough to fight it....THEY always win......ARGH!!!