When the State can seize a car
Under G.S. 20-28.3(a), the officer seizes the vehicle in an impaired-driving case only if, at the time of the stop, (1) the driver’s license was already revoked for an earlier impaired-driving revocation, or (2) the driver had no valid license and no liability insurance. If neither is true, the car was not seized under this law. Ask the arresting agency where it was towed.
Who holds the car
A towing company chosen by the seizing agency tows it. The county board of education, or the State’s contractor, then takes custody and may charge storage of up to $10 a day (G.S. 20-28.3(d)).
If you own the car and were not driving
You can ask the clerk of superior court in the county where the charge is pending to release it. The car must have been held for at least 24 hours, and you post a bond equal to its fair market value (G.S. 20-28.3(e)). You can also ask the clerk for a hearing on whether you are an innocent owner (G.S. 20-28.3(e1)).
If you were the driver and you own the car
You can petition the clerk to contest the revocation that made the car subject to seizure. The clerk sets a hearing, generally within 10 business days (G.S. 20-28.3(e2)).
Fees keep running
No release order waives towing and storage charges (G.S. 20-28.3(n)). A car worth $1,500 or less can be sold after 90 days, and any car can be sold once the charges pass 85% of its value (G.S. 20-28.3(i)). Waiting costs money. Call us early.
Questions people ask us
Can the State keep my car after a DWI arrest?
Only in the situations G.S. 20-28.3(a) lists: the driver’s license was already revoked for an earlier impaired-driving revocation, or the driver had no valid license and no insurance. If you had a valid license and insurance, the car was not seized under this law.
Who do I call to find my car?
Call the agency that arrested you, such as the Greensboro Police Department, the High Point Police Department, the Guilford County Sheriff’s Office, or the State Highway Patrol. Ask where the car was towed and what the tow company charges.