I'm arrested for DUI can the police designate a tow service and impound a car? No-cops dont know

Friday, 05 October 2007

After a DUI arrest, impoundment and inventory search of an automobile must be reasonably necessary.  The U.S. Supreme Court has held, "Impoundment of a vehicle is valid only if there is some necessity for the police to take charge of the property."  South Dakota v. Opperman, 428 U.s. 364, 96 SC 3092, 49 LE2d 1000(1976).  See also, Whisnant v. State, 185 Ga. App. 51, 53, 363 S.E.2d 341 (1987); State v. Crank, 212 Ga. App. 246, 441 S.E.2d 531 (1994).  The States only has three interests in towing and impounding a vehicle: (1) protecting the owner's property, (2) protecting the police from potential danger, and (3) protecting the police from false claims or stolen or lost property.  Crank, supra at 249.  "The individual's right of privacy is superior to the power of the police to impound a vehicle unnecessarily..." State v. Ludvicek, 147 Ga. App. 784, 786, 250 S.E.2d 503 (1978).  The Georgia Court of Appeals has adopted the view from Florida and Minnesota that when a driver is arrested and a reliable friend is present who may be authorized and capable of removing the vehicle, or where the arrestee expresses some preference for a private towing service, the rationale for impoundment does not exist.  Strobhert v. State, 301 S.E.2d 681 (1983).  So, the police don't have wait for a friend to arrive to take the car but if someone is on the scene and can drive or a towing service is reasonably available to tow the car within 15-20 minutes upon request, then the police would be hard pressed to refuse and could subject any illegal items discovered in the car subject to exclusion from evidence upon a proper motion.  Atlanta DUI police and Georgia State Patrol (GSP) Nighthawks often allow a friend or relative close by to pick up the car but rarely agree to a private towing service.  So always ask for a private towing service, especially if you have AAA or a similar service.

 

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