After a DUI arrest in West Virginia, your car may be released to a sober licensed driver, left where it is if it can remain there lawfully and safely, or towed to a storage facility. What happens depends on the location of the vehicle, traffic and safety concerns, ownership, whether another lawful driver is available, and the procedures used by the arresting agency.
A DUI arrest does not automatically mean that West Virginia permanently takes your vehicle. The immediate questions are where the car went, what you need to retrieve it, whether police placed a hold on it, and whether you are legally allowed to drive it after release.
If your vehicle was towed, identify the towing company and storage location as soon as practical. Storage charges can continue while the vehicle remains at the lot. Keep all tow slips, property forms, inventory records, receipts, and release paperwork because those documents may also matter when an attorney reviews the DUI arrest and any vehicle search.
A DUI arrest can lead to towing, but towing and impoundment are not automatic in every West Virginia DUI case.
For a broader explanation of what can happen after a DUI arrest, visit:
https://www.westvirginiaduilawyers.com/what-happens-after-a-dui-arrest/
What Usually Happens to Your Car at the Scene? 
After an officer arrests a driver for suspected DUI, the arrested driver generally will not be permitted to drive away. Police then have to decide what happens to the vehicle.
Common outcomes include:
- A sober, licensed person may be permitted to take the vehicle if that person is present and the officer allows it.
- The vehicle may remain legally parked if its location does not create a safety, traffic, or legal problem.
- Police may arrange for towing when the vehicle is on a roadway, creates a traffic hazard, is involved in a crash, cannot lawfully remain where it is, or otherwise needs to be removed.
- Police may hold the vehicle longer if they lawfully treat it as evidence in a separate or broader investigation.
West Virginia Code § 17C-13-5 authorizes specified officers to remove or order the removal of a vehicle that has been stopped, parked, or left standing on a highway, or that obstructs restoration of traffic flow after an accident or other emergency. The statute also provides that the owner can be responsible for reasonable removal and storage costs, and the storage operator may retain possession subject to a lien until the charges are paid.
Does a DUI Arrest Automatically Mean Your Car Will Be Impounded?
No. West Virginia law does not make vehicle impoundment automatic in every DUI arrest. Whether police may lawfully impound a vehicle depends on the facts and the legal basis for taking custody of the vehicle.
West Virginia appellate decisions have treated lawful impoundment as a separate question from the arrest itself. In State v. Goff, the Supreme Court of Appeals of West Virginia stated that the right to conduct an inventory search begins when police have a lawful right to impound the vehicle.
In State v. Perry, the court explained that when impoundment is being considered solely to protect the vehicle and its contents, an arrested driver ordinarily must receive a reasonable opportunity to make another lawful disposition of the vehicle. That rule does not mean police must leave a vehicle in an unsafe or unlawful location.
A vehicle stopped in a travel lane, on a dangerous shoulder, at a crash scene, or in another location where it creates an immediate problem may present a different situation.
If the tow or search may affect your DUI defense, review:
https://www.westvirginiaduilawyers.com/are-warrantless-car-searches-allowed-in-dui-stops/
Harley Wagner
Defending West Virginia Residents for over 24 Years
Where Does a Towed Car Go?
A vehicle towed after a DUI arrest is commonly taken to a towing company or storage lot used by the law enforcement agency or jurisdiction handling the arrest.
The tow slip, citation, property receipt, arrest paperwork, or release documents may identify the company and storage location.
If you do not know where the vehicle was taken, contact the arresting agency and ask for:
- The towing company name
- The storage lot address
- The towing company phone number
- Any incident number or tow number
- Whether police placed a hold on the vehicle
- Whether a police release is required before the lot can release the vehicle
Calling before you travel to the storage facility can prevent a wasted trip.
Harley and Heather gave me peace of mind as they walked me through the process of my DUI. Heather was so quick to answer even the smallest and probably irrelevant questions I had. I was extremely nervous to walk in the courtroom, but Harley made sure I was in and out of there in no time with the best deal I could think of. My DUI charge was reduced to a speeding ticket and some online DUI classes. Would absolutely recommend Harley and Heather if you’re ever in need of a lawyer.”
- Antea Jarazi
The Wagner Law Firm was amazing from beginning to end dealing with my case. This was my first time ever dealing with anything like this and they helped me tremendously and answered all my questions super fast. We got the best outcome possible for my case and I will be recommending Harley and Heather to anyone that’s ever in my situation."
- Savanna Cummings
Harley and Heather do not stop and are excellent at always keeping their clients up to date on the status of their case and never left wondering. They do all the work and are very well connected throughout the state. I will forever be grateful to both Harley and Heather for what they did for me,,,, they aren’t just another law firm, they are great people who truly care. Thank you."
- Clint Anderson
What Do You Need to Get Your Car Back?
Release requirements vary by towing company, vehicle ownership, and whether law enforcement placed a hold on the vehicle.
Before going to the lot, ask exactly what documents and payment methods are required.
You may be asked to provide:
- Government-issued identification
- Proof of ownership
- Registration or title information
- Written authorization from the registered owner if the vehicle belongs to someone else
- Payment of towing and storage charges
- A lawfully licensed driver
- A police release if the vehicle is subject to a specific hold
Retrieving the vehicle does not give you permission to drive if your driving privileges are suspended, revoked, restricted, or otherwise invalid. You may need another licensed driver or another lawful method of moving the vehicle.
For more information about West Virginia DUI license issues, visit:
https://www.westvirginiaduilawyers.com/west-virginia-dui-license-suspension-attorney/
How Much Can Towing and Storage Cost?
There is no single towing or storage amount that applies to every vehicle towed after a West Virginia DUI arrest.
Charges may depend on factors such as:
- The type of tow
- The vehicle size
- The distance traveled
- Recovery work required at the scene
- The length of storage
- The condition and location of the vehicle
- Whether special equipment was required
West Virginia law regulates certain towing carriers and certain towing, recovery, and storage charges. For example, West Virginia Code §§ 24A-2-2A and 24A-2-2b address rates and regulatory requirements for carriers handling wrecked or disabled vehicles. The exact rules that apply can depend on the type of tow and the circumstances.
Ask the towing company for an itemized invoice. Keep every receipt and storage document. When you retrieve the vehicle, photograph its condition and document any property that appears to be missing or damaged.
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Can Police Search Your Car Before or After Towing It?
A tow does not give police unlimited authority to search a vehicle.
The legal basis for a vehicle search may depend on the facts. Police may rely on consent, probable cause, a warrant, an inventory search, or another recognized exception to the warrant requirement.
West Virginia courts have explained that an inventory search depends on lawful impoundment. Inventory searches are generally associated with safeguarding property, documenting contents, and protecting police or storage personnel from later claims. An inventory search cannot simply be used as a substitute for an investigative search when the legal requirements for an inventory are not met.
If officers found alcohol containers, drugs, weapons, medication, or other evidence during a vehicle search, an attorney may review:
- Why the vehicle was impounded
- Whether police had a lawful basis to take custody of the vehicle
- Whether another lawful disposition was available
- What justification police gave for the search
- Whether the search stayed within the lawful scope of that justification
- Whether body camera, dash camera, tow records, or inventory paperwork support the stated reason for the search
Learn more about West Virginia DUI defense at:
https://www.westvirginiaduilawyers.com/west-virginia-dui-defense-lawyer/
What If the Car Belongs to Someone Else?
A DUI arrest may involve a vehicle owned by a spouse, parent, employer, rental company, friend, or another person.
If you are not the registered owner, the towing company may require the owner to appear, provide written authorization, or submit specific ownership documents before the vehicle can be released.
Before traveling to the storage lot, ask:
- Who is authorized to retrieve the vehicle
- Whether the registered owner must appear
- Whether written authorization is accepted
- What identification and ownership documents are required
- Whether a police hold affects release
Rental and employer-owned vehicles may involve separate company procedures.
Case Results
What If the DUI Arrest Followed a Crash?
A crash can change how the vehicle is handled.
Police may need to clear the roadway, and a damaged vehicle may be unsafe to drive. A collision can also create investigative issues beyond the DUI allegation.
If the crash involved serious injury, a fatality, suspected hit-and-run conduct, or another criminal allegation, law enforcement may treat the vehicle as potential evidence. That can result in a longer hold than an ordinary tow.
If you are uncertain whether the vehicle is simply being stored or is being held as evidence, ask the arresting agency or your attorney to clarify the vehicle status before you attempt to retrieve it.
A Martinsburg, West Virginia Example
Consider a driver arrested for suspected DUI after a stop on I-81 near Martinsburg, West Virginia. The vehicle is on the shoulder close to moving traffic, and no sober licensed driver is available. Under those circumstances, towing may be necessary to remove the vehicle from a hazardous location.
Now change the facts. The driver is arrested in a lawful private parking area, the registered owner is present, and the owner is sober and licensed. Those facts may raise a different vehicle-disposition question.
The outcome can depend on:
- Vehicle location
- Traffic and safety conditions
- Ownership
- Whether another licensed driver is available
- Police policy
- The stated reason for impoundment
- Whether the vehicle is evidence in another investigation
Small factual differences can matter.
What Should You Do If Your Car Was Towed After a DUI Arrest?
Handle the vehicle issue promptly, but keep it separate from the criminal case. Recovering the car does not resolve the DUI charge, and paying the tow bill does not establish that every police action was lawful.
Practical steps include:
- Save the tow slip, citation, property receipt, bond paperwork, and court notices.
- Contact the arresting agency if you do not know where the vehicle is located.
- Call the storage facility before traveling there.
- Ask what identification, ownership records, payment, and releases are required.
- Ask whether the vehicle is under a police or evidentiary hold.
- Arrange for a lawful driver if you cannot legally drive.
- Photograph the vehicle when you retrieve it.
- Keep every towing and storage receipt.
- Preserve any inventory form or property list connected to the vehicle.
- Write down what officers said about towing, impoundment, or searching the vehicle.
- Avoid posting details about the arrest, tow, or vehicle search on social media.
It can also help to write down what you remember while the events are still fresh. Note where the vehicle was located, who was present, whether another licensed driver was available, whether you asked for someone else to take the vehicle, and what police said about the reason for towing or searching it.
For information about Attorney Harley Wagner, visit:
https://www.westvirginiaduilawyers.com/attorney-harley-wagner/
Speak With a West Virginia DUI Attorney
A towed vehicle can create immediate transportation and financial problems while a DUI arrest creates separate questions about the traffic stop, chemical testing, vehicle search, driving privileges, and court process.
The Wagner Law Firm focuses on West Virginia DUI defense and serves clients throughout West Virginia from its Martinsburg office. Attorney Harley Wagner can review the circumstances surrounding the stop, tow, impoundment, and any vehicle search to identify the legal issues that may affect your case.
Call The Wagner Law Firm at (304) 461-6000 to request a consultation.
tel:+13044616000
You can also contact the firm at:
https://www.westvirginiaduilawyers.com/contact-us/
This article is for general informational purposes only. It is not legal advice and does not create an attorney-client relationship. Every case depends on its specific facts, evidence, charges, and procedural history.