Two Different Things Can Happen to Your Car
People hear that the State can take a car in a DUI case and assume the worst. In Florida there are really two separate things, and they are not the same. One is impoundment or immobilization, a temporary hold that comes with most DUI convictions. The other is forfeiture, the permanent loss of the vehicle, which is far rarer and is aimed at a narrow group of repeat cases. Knowing which one you are facing changes everything about how it gets handled.
| The question | Impoundment or immobilization | Forfeiture |
|---|---|---|
| What it is | A temporary hold on the vehicle | Permanent seizure and sale of the vehicle |
| When it applies | Most DUI convictions, set by the count | Mainly a DUI while your license was already suspended from a prior DUI |
| How long | 10, 30, or 90 days | Permanent, once a court grants it |
| Where the defense pushes | A hardship dismissal of the order | Attacking the predicate and the family-transportation factor |
Impoundment and Immobilization: The 10, 30, and 90-Day Rule
For most DUI convictions, Florida requires the court to order the vehicle impounded or immobilized as a condition of probation, under section 316.193(6). The length is set by the conviction count: ten days for a first conviction, covering the vehicle you were driving or one registered in your name, thirty days for a second conviction within five years, covering all vehicles you own, and ninety days for a third or later conviction within ten years, again covering all vehicles you own. Two details matter in practice. The hold cannot run at the same time as any jail, so it is a separate hit you feel after you are out, and the towing, storage, and notice costs fall on the owner.
Getting the Impoundment Dismissed
The order is not automatic in the sense of being untouchable. Section 316.193(6) lets the court dismiss it in specific situations, and that is where the defense works. The order can be dismissed when the vehicle is the family’s only transportation, when a family member who needs it for work or daily life is the one who operates it, when the vehicle was stolen at the time of the offense, or when it was sold to a buyer who had nothing to do with the case. Each of those is something you raise and prove, often at a short evidentiary hearing, and getting it right is the difference between a family keeping its car and losing it for a month or more.
Forfeiture: The Harsher, Narrower Track
Forfeiture is the permanent one. A vehicle driven in a DUI is treated as contraband that can be seized and forfeited under the Florida Contraband Forfeiture Act, sections 932.701 through 932.7062. But the real trigger is narrow: it applies mainly where, at the time of the offense, your license was already suspended, revoked, or canceled because of a prior DUI conviction. In other words, forfeiture is built for the repeat case of driving on a DUI-suspended license, not for a typical first offense. When a court does grant forfeiture, the proceeds are split, with a share to the seizing agency and the rest to court costs, fines, and the State, and the court is allowed to weigh whether the family has other transportation. That last point is an opening, and it is one I use.
How I Fight for the Car
The car gets treated as part of the case, not a footnote. That means checking whether the conviction count that drives the impoundment length is even correct, pressing the hardship grounds that can dismiss the order, and on a forfeiture, attacking the predicate by asking whether the license was truly suspended from a prior DUI at the time and pushing the family-transportation factor hard. It also means folding all of it into the overall plea and sentencing strategy, since the vehicle, the license, and the sentence move together. For where this sits among the other consequences, see the penalties overview.
Related: DUI penalties overview, Second DUI, Third DUI, and License suspension.
I started out as an Assistant Public Defender in Florida’s Thirteenth Judicial Circuit, in Tampa. The car is often the thing a client worries about most, because it is how they get to work and keep a family running, so I treat it as part of the case from day one rather than an afterthought at sentencing. Learn more about my background.
Common Questions
Will they take my car for a first DUI?
Not permanently, in almost every first-offense case. A first DUI conviction usually brings a ten-day impoundment or immobilization, which is a temporary hold, not a permanent loss. Permanent forfeiture is aimed at narrow repeat situations, mainly driving on a license already suspended from a prior DUI.
How long is the impoundment or immobilization?
It is set by the conviction count: ten days for a first conviction, thirty days for a second within five years, and ninety days for a third or later within ten years. For a first offense it covers the vehicle you drove or one in your name, and for repeat offenses it can cover all vehicles you own.
Can I avoid the impoundment if I need my car for work or family?
Possibly. Section 316.193(6) lets the court dismiss the order when the vehicle is the family's only transportation, when a family member who needs it is the one who operates it, when it was stolen, or when it was sold to an unrelated buyer. You have to raise and prove the ground, often at a short hearing.
Does the impoundment run while I am in jail?
No. The impoundment or immobilization cannot run at the same time as any incarceration, so it is served separately, after you are out. That is why it tends to surprise people, since it lands as its own consequence.
When can the State permanently take my car?
Forfeiture under the Florida Contraband Forfeiture Act mainly applies where your license was already suspended, revoked, or canceled from a prior DUI at the time of the new offense. It is the repeat-offense, driving-while-suspended scenario, not the typical first DUI.
Who pays the towing and storage costs?
The owner of the vehicle generally pays the towing, storage, and notice costs of an impoundment or immobilization. Those costs are one more reason to test whether the order can be shortened or dismissed.
This page is general information about Florida law, not legal advice, and it does not create an attorney-client relationship. What happens to a vehicle turns on the conviction count, the driver’s license status, and the facts, and the law can change, so confirm how it applies with counsel. Every case is different, and past results do not guarantee a similar outcome.
