After a DUI arrest in South Carolina, your vehicle is not automatically forfeited to the state. What happens to the vehicle depends on the circumstances at the scene, the location of the vehicle, whether it can remain there lawfully and safely, and the procedures used by the arresting agency. Law enforcement may arrange for a tow, and in some situations another lawful disposition of the vehicle may be available under agency procedure.
If an officer directs the tow, South Carolina Code Section 56-5-5635 requires the officer to use the established towing procedure for that jurisdiction. A routine tow is different from confiscation, forfeiture, or vehicle immobilization under South Carolina law.
A tow is not the same as forfeiture. A routine DUI tow does not automatically transfer ownership of your vehicle to the state.
The Bateman Law Firm represents people facing DUI charges in Greenville, Clemson, Spartanburg, and nearby areas across Upstate South Carolina. If your vehicle has been towed, held, or confiscated after an arrest, you can address the vehicle issue while also protecting your rights in the DUI case.
For more information about what may happen after an arrest, visit https://duigreenville.com/after-dui-arrest-in-greenville-sc/.
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What Usually Happens to Your Car at the Scene? 
Once you are arrested, you generally cannot drive your vehicle away from the scene. The officer must determine what should happen to the vehicle based on the location, safety concerns, ownership, and the arresting agency’s procedures.
If the vehicle cannot remain at the location safely or lawfully, law enforcement may direct that it be towed. This can occur when a vehicle is in a roadway, involved in a collision, blocking traffic, or located where it cannot remain after the driver is taken into custody.
Some agencies may have procedures that allow a vehicle to remain lawfully parked or permit a sober, licensed person to take custody of it. Those options are not a statewide right, and they can depend on the facts of the arrest and the agency involved.
When law enforcement directs a tow, Section 56-5-5635 treats a vehicle recovery incident to an arrest as a law-enforcement towing request and requires the officer to follow the towing procedure established for that jurisdiction.
What Is the Difference Between Towing, Confiscation, Forfeiture, and Immobilization?
These terms describe different legal situations.
- Towing usually means the vehicle has been removed from the scene and taken to a towing or storage facility.
- Confiscation means law enforcement has taken custody of the vehicle under specific statutory authority.
- Forfeiture is a legal process that can result in the owner losing the vehicle.
- Immobilization can involve suspension and surrender of a vehicle’s registration and license plate after certain repeat DUI convictions.
For many DUI arrests, the immediate vehicle issue is a tow and storage problem rather than forfeiture.
South Carolina Code Section 56-5-6240 applies to certain repeat DUI cases. The statute provides for confiscation and potential forfeiture when a person has a third or subsequent DUI violation within the prior ten years and the ownership conditions in the statute are satisfied. The statute applies when the person is the registered owner of the vehicle or a resident of the registered owner’s household.
A first-offense DUI arrest does not automatically trigger forfeiture under Section 56-5-6240.
For more information about first-offense DUI cases, visit https://duigreenville.com/first-offense-dui-south-carolina/.
Can a Second or Subsequent DUI Affect Your Vehicle Even Without Forfeiture?
Yes. South Carolina law also contains a separate vehicle immobilization provision for certain repeat DUI convictions.
Under South Carolina Code Section 56-5-2942, a South Carolina resident who is convicted of or pleads guilty or nolo contendere to a second or subsequent qualifying DUI-related violation can be subject to vehicle immobilization, unless a statutory exception applies. The law defines immobilization as suspension and surrender of the vehicle registration and license plate.
The immobilization period is thirty days and takes place during the driver’s license suspension. The statute includes exceptions and procedures that can apply in some situations, including circumstances involving another registered owner or household member.
Vehicle immobilization is different from a tow at the scene and different from forfeiture under Section 56-5-6240. If you have a prior DUI history, the distinction can affect what happens to your vehicle and what steps you should take.
How Do You Find Out Where Your Car Was Towed?
Start with the paperwork you received after the arrest. Your citation, incident paperwork, property documents, bond documents, or release paperwork may identify the towing company or the law-enforcement agency that arranged the tow.
If the towing company is not listed, contact the agency that made the arrest and ask:
- Where the vehicle was taken.
- Which towing or storage company has the vehicle.
- Whether the agency placed any hold or restriction on the vehicle.
- What information you need before contacting the storage facility.
Once you identify the towing or storage facility, ask what is required for release. Requirements can vary, but the facility may ask for photo identification, registration, proof of ownership, proof of insurance, authorization from the owner, and payment of towing or storage charges.
If you are not legally permitted to drive, arrange for a licensed driver to take the vehicle after it is released. Recovering the vehicle does not restore a suspended driver’s license.
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Who Pays Towing and Storage Costs After a DUI Arrest?
Towing and storage charges are generally handled separately from the criminal DUI case. A towing or storage company may require payment before releasing the vehicle, subject to applicable law and the circumstances of the tow.
Storage charges can continue while a vehicle remains at the facility. Locating the vehicle promptly can help you determine what documents, payment, or authorization the facility requires.
Section 56-5-6240 also addresses charges in a qualifying confiscation case. If the registered owner, a new purchaser, or a lienholder believes towing, preservation, or storage costs are excessive, that person may petition the magistrate in the jurisdiction where the vehicle was taken into custody to determine the fair market price of those services.
Keep every towing receipt, storage invoice, and payment record. Those documents can help you track what happened to the vehicle and when.
Can You Remove Personal Property From a Towed Vehicle?
South Carolina Code Section 56-5-5635 addresses personal property in vehicles subject to law-enforcement towing.
If you need medication, identification, work equipment, a phone, or another personal item, contact the towing or storage facility before you visit. Ask when personal property may be collected and what identification or documentation you must provide.
The statute contains procedures concerning personal property and requires the towing or storage business to release personal property that does not belong to the vehicle owner to the owner of that property.
Do not remove, alter, destroy, or dispose of anything that law enforcement has identified as evidence.
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What If Your Car Was Involved in a Crash?
A DUI arrest after a collision can affect how quickly the vehicle can be released.
A damaged vehicle may need to be towed because it cannot be operated safely. In a more serious collision, law enforcement may need access to the vehicle for photographs, measurements, inspection, reconstruction, or other evidence collection.
If the vehicle may contain evidence, do not authorize repairs, destruction, salvage, or disposal until you know whether law enforcement, your insurance carrier, or your attorney needs access to it.
A collision can also affect the criminal case when another person suffered injury or death. For a broader explanation of South Carolina DUI law, visit https://duigreenville.com/dui-laws-and-information-for-south-carolina/.
What If You Were Driving Someone Else’s Car?
Ownership matters when a vehicle is towed or confiscated.
The vehicle may belong to a spouse, parent, employer, rental company, leasing company, or another person. For a routine tow, the registered owner may need to retrieve the vehicle or authorize another person to do so. A lender or lienholder can also have legal interests in the vehicle.
In a qualifying confiscation case under Section 56-5-6240, the registered owner must receive certified-mail notice of the confiscation within seventy-two hours. After notification, the registered owner has ten days to request the hearing described in the statute.
Do not assume that a borrowed, financed, leased, or family-owned vehicle will automatically be lost because the driver was arrested. The ownership facts and the legal basis for the vehicle hold matter.
Does Getting Your Car Back End the DUI Case?
No. Vehicle release and the DUI prosecution are separate matters.
You may recover your vehicle while the criminal case remains pending. You can also face separate driver’s license consequences based on the circumstances of the arrest, including consequences connected with South Carolina’s implied-consent laws.
Paying a tow bill or retrieving your vehicle does not dismiss the DUI charge, resolve the court case, or restore a suspended driving privilege.
For more information about license-related issues, visit https://duigreenville.com/implied-consent-greenville-sc/.
What Should You Do After Your Vehicle Is Towed?
The first steps after a DUI arrest can affect your property, your schedule, and your legal options. Consider taking these steps as soon as you can:
- Identify the law-enforcement agency that ordered the tow.
- Confirm the towing or storage facility holding the vehicle.
- Ask whether there is a law-enforcement hold on the vehicle.
- Ask which documents and payment methods are required for release.
- Arrange for a licensed driver if you cannot legally drive.
- Keep towing receipts, storage invoices, arrest paperwork, bond documents, and court notices.
- Save any certified mail related to confiscation, forfeiture, or vehicle proceedings.
- Avoid authorizing repairs, destruction, or disposal if the vehicle may contain evidence.
- Speak with a South Carolina DUI defense lawyer about the criminal charge, license consequences, and vehicle issue.
You can also review https://duigreenville.com/dui-defense-knowing-rights-next-step/ for more information about what may follow a DUI charge.
When Does Vehicle Confiscation Require Prompt Attention?
A routine tow usually involves locating the vehicle, meeting the storage facility’s release requirements, and paying any lawful charges. A statutory confiscation can involve additional deadlines.
Under Section 56-5-6240, the arresting agency must confiscate the vehicle at the time of arrest in a qualifying case. The registered owner must receive notice of the confiscation within seventy-two hours, and the registered owner has ten days after notification to request the statutory hearing.
The statute also addresses lienholders and the later forfeiture process after a qualifying conviction or plea.
If you receive certified mail about confiscation or forfeiture, read it promptly and keep a copy. A DUI court date does not necessarily protect separate rights or deadlines related to the vehicle.
Talk With a South Carolina DUI Defense Lawyer
A DUI arrest can create several legal and practical issues at the same time. You may need to recover your vehicle, determine whether you can drive, respond to a license suspension, prepare for court, and address a possible vehicle hold.
The Bateman Law Firm represents people facing DUI charges in Greenville, Clemson, Spartanburg, and nearby areas across Upstate South Carolina. With offices in all three communities, the firm can help you understand how the criminal case, driver’s license issues, and vehicle-related concerns fit together.
Call (864) 406-3004 to request a consultation about your South Carolina DUI case.
This article is for informational purposes only and is not legal advice. Consult an attorney about your specific circumstances.
