If you are arrested due to a DWI/DUI charge, your car will most likely be impounded by police. New Jersey law requires police to impound your car for at least 12 hours. N.J.S. 39:4-50.23 is the statute governing impounding of your car by police.

The key element of this statute is, that a vehicle must be impounded for at least 12-hours from the time of arrest of the person operating that vehicle. Any release of the vehicle before the expiration of the 12-hour period of impoundment is governed by specific provisions in the statute, by these Guidelines, and by the Guidelines for the use of the “POTENTIAL LIABILITY WARNING - N.J.S.A. 39:4-50.22 (Rev. 2-20-2004) FORM.”

Under the provisions of N.J.S.A. 39:4-50.23(a), the vehicle operated by the arrested person will have been impounded, and that vehicle must be held, in impound, for at least 12- hours following the arrest of the operator of the vehicle.

There are two ircumstances which allow for the release of an impounded vehicle before the 12-hour time period expires.

The first circumstance permits the early release of an impounded vehicle if the vehicle is not owned or leased by the arrestee. N.J.S.A. 39:4-50.23(c)1. Early release of a vehicle, under that provision of the statute, does not require acknowledgment and receipt of the “POTENTIAL LIABILITY WARNING - N.J.S.A. 39:4-50.22 (Rev. 2-20-2004) FORM,” but does require compliance with the provisions of N.J.S.A. 39:4-50.23(d).

The second circumstance permits the early release of an impounded vehicle that is owned or leased by the arrestee. N.J.S.A. 39:4-50.23c(2). However, under that provision of the statute, and AG Guidelines, before an impounded vehicle may be released, the person to whom the vehicle will be released must acknowledge, in writing, receipt of the “POTENTIAL LIABILITY WARNING - N.J.S.A. 39:4-50.22 (Rev. 2-20-2004) FORM,” and they must also comply with the provisions of N.J.S.A. 39:4-50.23d.

If the person to whom the vehicle will be released is not the owner or lessee and has refused or declined to accept receipt of the “POTENTIAL LIABILITY WARNING - N.J.S. 39:4-50.22 (Rev. 2-20-2004) FORM,” the vehicle shall not be released before the end of the statutory 12-hour period of impoundment.

N.J.S.A. 39:4-50.23(c)(2) establishes a requirement of a written acknowledgment of receipt of the “POTENTIAL LIABILITY WARNING - N.J.S.A. 39:4-50.22 (Rev. 2-20-2004) FORM,” as a precondition of release of the impounded vehicle. This statutory requirement is necessary because the person claiming the vehicle must have appropriate documentation authorizing the early release of the vehicle in order to permit the entity holding the vehicle in impound to release the vehicle before the expiration of the mandatory 12-hour period.

The relevant provisions of N.J.S. 39:4-50.23 mandate that the law enforcement agency which has arrested an operator of a motor vehicle for a DWI or a Refusal violation must take two actions with regard to the vehicle operated by the arrested person.

N.J.S.A. 39:4-50.23a: Whenever a person has been arrested for a violation of [N.J.S.A.39:4-50] or . . . [N.J.S.A. 39:4-50.2], the arresting law enforcementagency shall impound the vehicle that the person was operating at the time of the arrest.

N.J.S.A.  39:4-50.23b A vehicle impounded pursuant to this section [N.J.S.A. 39:4-50.23] shall be impounded for a period of 12 hours after the time of arrest or until such later time as the arrestee claiming the vehicle meets the conditions for release under [N.J.S.A. 39:4-50.23d].

Although the first provision of the statute, N.J.S. 39:4-50.23a, calls for an immediate impoundment of the vehicle being operated by the person arrested, that provision of the statute does not negate the Constitutional right of the arrested person to make other arrangements for the removal of the vehicle by another person who is present at the scene of the arrest.

Thus, if there is a passenger in the vehicle at the time the operator is arrested, the arrestee may permit that passenger to operate the vehicle or to make arrangements for its removal without the vehicle being impounded. Of course, the person remaining with the vehicle must possess a valid driver's license, be capable of operating the vehicle or making arrangements for its removal, and not be in violation of the motor vehicle laws of this State.

Additional provisions of the statute allow for the release of an impounded vehicle, before the end of the 12-hour period of impoundment, subject to several conditions and compliance with the provisions of N.J.S.A. 39:4-50.23d.

Release Requirements

The provisions of N.J.S.A. 39:4-50.23d set forth several mandatory requirements which must be satisfied by the person to whom an impounded vehicle is to be released. Satisfaction of these requirements should be ascertained by the law enforcement agency, since it is the law enforcement agency which authorized the impoundment. The manner and form by which satisfaction of these requirements is communicated by the law enforcement agency to its agent who impounded the vehicle are to be determined by each law enforcement agency.

Under the provisions of N.J.S.A. 39:4-50.23d(1), and regardless of the ownership of the vehicle, the person claiming the vehicle must present the following documentation or authority.

• A valid driver's license.

• Proof of ownership of the vehicle or evidence of lawful authority to operate that vehicle.

• Proof of valid insurance for the vehicle.

In addition, the person claiming the vehicle must satisfy the following criteria as required under the provisions of N.J.S.A. 39:4-50.23d(2) & (3).

• The person must be able to operate the vehicle in a safe manner.

• The person would not be in violation of Title 39 by operating the vehicle.

• The person has met any other conditions for the release of the vehicle as established by the law enforcement agency, including but not limited to the payment of the reasonable fees for any towing and/or storage of the vehicle.

Additionally, if the person claiming the impounded motor vehicle is not the owner or lessee the following statutory requirement must be satisfied.

• The person must acknowledge, in writing, receipt of the “POTENTIAL LIABILITY WARNING - N.J.S.A. 39:4-50.22 (Rev. 2-20-2004) FORM.”

If the person fails to comply with this statutory requirement, then the statute prohibits the release of the impounded vehicle before the 12-hour period of impoundment has elapsed.