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DUI Impoundments

The other day, a new client called me with several questions about the towing and storage fees he had to pay after he was arrested for a DUI in one of the Cook County suburbs.  He had to pay over $250 for the tow and $500 for the impoundment.

Up until recently, there was no such thing as an impoundment fee for driving while suspended or driving under the influence.  The officer would merely park your vehicle or drive it to the police station, where it could be claimed at a later time.  Those days are long gone.

Currently, if you are arrested for a DUI in the City of  Chicago, the City will impound your vehicle and charge a $2,000 impoundment fee for the first day (or $3,000 if  the DUI occurred within 500 feet of a school or park), and another $40 per day until 15 days after notice, when, if not claimed, the vehicle can be sold or destroyed.

In the suburbs, the impoundment fee is typically $500 for the first day, plus a tow fee.

Lets say you decide that your vehicle is not worth the impoundment ransom, I mean impoundment fee.  What if you just walk away , and another $40 per day until 15 days after notice, when, if not claimed, the vehicle can be sold or destroyed.

In the suburbs, the impoundment fee is typically $500 for the first day , and another $40 per day until 15 days after notice, when, if not claimed, the vehicle can be sold or destroyed.

In the suburbs, the impoundment fee is typically $500 for the first day, plus a tow fee.

Lets say you decide that your vehicle is not worth the impoundment ransom, I mean impoundment fee.  What if you just walk away , and another $40 per day until 15 days after notice, when, if not claimed, the vehicle can be sold or destroyed.

In the suburbs, the impoundment fee is typically $500 for the first day, plus a tow fee.

Lets say you decide that your vehicle is not worth the impoundment ransom, I mean impoundment fee.  What if you just walk away?

Not a good decision.  Even after the vehicle has been sold or scrapped, the City can come after you for the outstanding balance, plus seek post-judgment interest, so it makes no sense to simply abandon the vehicle to the pound.

More recently, Chicago started impounded vehicles used in driving while suspended cases as well.

So what can be done?  If you wish, you can contest the impoundment fee at an Administrative Hearing.  However, the cities and towns that impound vehicles have stacked the deck in their favor.  Under the hearing rules, you have the burden of showing that the arresting officers lacked probable cause to arrest you.  The officers are not required to appear at this hearing, and their reports can be admitted in evidence.   Also, your hearing is not in front of an impartial judge; it is heard by an “administrative hearing officer” who is in the employ of the City or Village that is looking to keep your impoundment fee.  So in other words, so long as the officer’s reports indicate there was a reasonable basis to suspect you were driving under the influence, the hearing officer can justify the impoundment and rule in favor of the City.