Vehicle impoundment is a penalty under Ontario's Highway Traffic Act. Police tow and hold the vehicle for a set number of days, separate from anything that happens later in criminal court.
Vehicle Impoundment Duration in Ontario
Over 80 and Refusal
In cases where a reading shows 0.08 or higher, or there was a breath test refusal, the vehicle impoundment duration is 7 days. This measure is part of the immediate administrative penalties, which also include licence suspension and a fine.
Driving While Suspended
For “driving while suspended” cases, impoundment can last longer and will ultimately depend on the reason why it was suspended in the first place. In some cases, your car can be towed for up to 45 days.
A suspension from a Criminal Code conviction, like an impaired driving conviction, brings a 45-day impound. A suspension from a Highway Traffic Act penalty, like an Over 80 or refusal ADLS, brings 7 days instead.
Getting Your Vehicle Back
Towing and storage aren’t included in any fine you pay the government. They’re billed separately by the tow company or storage lot. A typical 7-day impound runs somewhere between $700 and $1,000 once towing, daily storage, and an administrative release fee are all added up.
The registered owner pays, regardless of who was actually driving. In order to get the vehicle back, you will need to bring your ID, proof of ownership, and pay the towing expenses.
Appeal Possibility
Depending on the case circumstances, you might have the opportunity to appeal through the Licence Appeal Tribunal. The 45-day impound tied to a Criminal Code suspension can be appealed, but you can only do it within the first 15 days of the impoundment. The shorter, roadside impounds for an Over 80 or breath test refusal generally can’t be appealed at all.
Vehicle Impoundment in DUI Cases
In DUI cases, getting your car back is just the start of a longer and more complex process. Other penalties you’re facing may include large fines, license suspension, and a potential criminal record visible to employers and border officials. The earlier you seek professional legal help from a Toronto DUI lawyer, the more chances of a favourable outcome you have.