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Car Impounded After a DUI Arrest in Arizona: The 20-Day Hold and How to Get It Back

You have 10 days from the date on the impound notice to ask for a hearing. That is the first number to know if your car was impounded after a DUI arrest in Arizona, because a missed request means the hearing requirement is treated as satisfied and the car stays put until the hold ends.

Short answer: under A.R.S. § 28-3511(C), an officer must remove and impound or immobilize a vehicle when there is probable cause to arrest the driver for extreme DUI (§ 28-1382), aggravated DUI (§ 28-1383) or an underage drinking and driving violation. The hold is generally 20 days. Storage runs at 25 dollars a day, plus a 150 dollar administrative charge and towing. The statute lists who can get the car back early and what papers they need.

Count 10 days from the date printed on the notice of storage. The hearing request goes to the impounding agency, or to a justice court if the agency does not hold hearings. Storage charges keep adding up every day the car sits. Sending a form or making a call does not stop or pause any deadline.

LEGAL ADVERTISEMENT: This site is an independent referral service operated by Wilder West Assets LLC, not a law firm. We connect people facing DUI charges and license actions in Coconino County with independent licensed Arizona attorneys. Nothing on this page is legal advice.

Which DUI arrests lead to the 20-day impound

The mandatory DUI impound in § 28-3511(C) is tied to three charges, not to every DUI:

  • Extreme DUI under § 28-1382: 0.15 or more. See our page on extreme DUI.
  • Aggravated DUI under § 28-1383: for example, DUI on a suspended license, a third DUI in 84 months, or with a child under 15 in the car. See aggravated DUI.
  • Underage drinking and driving under § 4-244(34). See underage DUI in Flagstaff.

A standard first DUI under § 28-1381 is not on that list. A car can still be impounded after a standard DUI arrest for other reasons in the same statute, such as the driver’s privilege already being revoked, or the driver being required to use an ignition interlock and driving without one (§ 28-3511(A)).

The passenger exception

Section 28-3511(D) says the officer does not impound the car under subsection (C) if all of the following are true:

  1. The vehicle is currently registered and the driver or vehicle meets Arizona’s insurance requirements.
  2. Another person is with the driver at the time of the arrest.
  3. The officer has reasonable grounds to believe that person has a valid license, is not impaired, and, if under 21, has no alcohol in their body.
  4. That person tells the officer they will drive the car from the place of arrest to the driver’s home or another safe place.
  5. That person actually drives it there.

If a sober, licensed passenger was with you and offered to drive, write that down. It goes to whether the impound was proper.

What it costs

ChargeAmountStatute
Storage$25 per day, including any days after the hold ends§ 28-3512(H)
Administrative charge$150 (the agency may waive it)§ 28-3513(B)
Towing and immobilizationPaid by the owner§ 28-3512(C)
Justice court hearing feeEqual to the small claims answer fee, if a justice court holds the hearing§ 28-3513(E)

Insurance does not have to pay these fees. Section 28-3511(E) says an insurance company has no duty to pay benefits for immobilization or impound charges.

Who can get the car back before 20 days

Section 28-3512(A) lists the people the impounding agency must release the car to early. The ones that come up after a DUI arrest:

  • A spouse or co-owner who was not driving. Under § 28-3512(A)(5), they sign an agreement with the agency. If, within a year, they let an unlicensed driver or a driver who causes another impound use the car, they lose the right to early release next time, and under § 28-3512(J) violating the agreement is a civil traffic violation with a penalty of at least 250 dollars.
  • A rental company, if the car is a registered rental under a rental agreement and the renter was the driver. That matters for visitors to Flagstaff who were driving a rental.
  • A dealer, bank or lender with an interest in the car, under the conditions in § 28-3512(D).
  • The owner who was driving, but only after showing that their driving privilege has been reinstated.

To get the car out early or after the hold, the person picking it up presents a valid driver license from Arizona or their home state, current registration, and proof of insurance. If MVD requires an ignition interlock on the car, proof that one is installed is also required, and the storage yard must allow access to install it during business hours without charging for that access (§ 28-3512(B), (G)).

The impound hearing

Within three business days of the impound, the agency mails or delivers a notice to the owner (§ 28-3514(D)). The notice says where the car is, who holds hearings, and that a hearing must be requested within 10 days of the date on the notice. Once requested, the hearing is held within five business days. You get one hearing, either before the agency or a justice court, not both.

The hearing looks at whether the impound was valid and at any mitigating circumstances. If it finds there were no reasonable grounds for the impound, the agency that ordered it pays the towing, impound and storage costs (§ 28-3514(H)).

One note on timing: the version of § 28-3511 in effect today carries a note that it is effective until July 1, 2027, so the rules may change after that date. Check the current text if your arrest is close to it.

What to do this week

  • Find the notice of storage and circle the date. Count 10 days.
  • Call the storage location listed on the notice to confirm where the car is and what it will take to release it.
  • Decide who will pick it up. A non-driving spouse or co-owner, or the rental company, may be able to get it out early.
  • Gather registration and insurance cards and a valid license for whoever picks it up.
  • Write down whether a sober, licensed passenger offered to drive.
  • Keep the DUI case moving too. The MVD hearing window is separate; see DUI license suspension and the MVD hearing.

Frequently asked questions

Does Arizona impound your car for a first DUI?

Not automatically. The mandatory 20-day impound applies to arrests for extreme DUI, aggravated DUI and underage drinking and driving. A car can still be impounded after a standard DUI for other reasons, such as a revoked license or a missing required interlock.

How long does Arizona keep a car after a DUI impound?

The hold is 20 days under A.R.S. 28-3511, unless the car is released early to a qualifying person such as a non-driving spouse, a co-owner, or a rental company.

How much does a DUI impound cost in Arizona?

Storage is 25 dollars per day under A.R.S. 28-3512, plus a 150 dollar administrative charge that the agency may waive, plus towing. Insurance does not have to cover these fees.

How do I request an impound hearing?

Contact the impounding agency in person or in writing within 10 days of the date on the notice, or file with the justice court if the agency does not hold hearings. The hearing is held within five business days of the request.

Can my spouse get the car out early?

Yes, if your spouse was not driving and signs an agreement with the impounding agency. They need a valid license, current registration and proof of insurance, plus interlock proof if one is required.

What if a sober passenger could have driven?

The statute says the car is not impounded for an extreme or aggravated DUI arrest if a licensed, unimpaired passenger was present, the car was registered and insured, and that person drove it to a safe place. Raise it at the hearing.

Related guides

Car held after a DUI arrest? Free and confidential

The impound, the MVD case and the court case all run on their own clocks. We’ll connect you with an independent licensed Arizona attorney who handles DUI cases in Coconino County.

Sources & Corrections

Primary sources checked for this page on October 24, 2026:

The text of § 28-3511 read on this date is marked effective until July 1, 2027.

See an error on this page? Email corrections@flagstaffazattorney.com. Corrections are reviewed and logged. Our corrections policy.

Not legal advice. The Flagstaff Legal Resource Center is an independent referral service operated by Wilder West Assets LLC, not a law firm. This page explains general Arizona law to help you prepare to talk with a lawyer. Laws change, and how they apply depends on your facts. No attorney-client relationship is created by using this site. Verify any attorney’s credentials through the State Bar of Arizona.

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