Vehicle Impoundment & Criminal Seizure After OVI in Pennsylvania

In Pennsylvania, if you are found guilty of Operating a Vehicle while Impaired (OVI), the law mandates certain minimum penalties. Depending on the specific circumstances of the OVI, the court may order your vehicle to be immobilized or even seized.

Under the law, if the vehicle you were driving during the offense is registered in your name, it will be immobilized, and your license plates will be impounded. This is required by Pennsylvania Revised Code (R.C.) §§4503.233 and 4511.19 or 4511.193.

Alternatively, if the vehicle is in your name, the court may be required to criminally seize the vehicle under R.C. §§4503.234 and 4511.19, or R.C. §§4511.193 and 4511.195(C) and (D).

It is crucial to note that penalties like vehicle immobilization, seizure, and license plate impoundment typically occur only after a first OVI conviction, according to R.C. §4511.19(G)(1)(b), (c), (d), and (e), and R.C. §4503.233.

However, there are exceptions. If immobilizing the vehicle would cause significant hardship for a family member who needs the car and was not involved in the offense, they can ask the court for a hardship exemption under R.C. §4503.235(A).

If you have questions about Pennsylvania’s vehicle immobilization and criminal seizure laws following a multiple OVI conviction, the Logue Law Group is here to help. Contact a skilled Mercer criminal lawyer to discuss your case in detail.

Pennsylvania’s Legal Mandates for OVI Vehicle Impoundment & Criminal Seizures

If you are facing a second or subsequent OVI charge, Pennsylvania law requires the court to issue specific orders regarding your vehicle and license.

For a Second-Time OVI (within six years):

• License Suspension: The court will issue a Class 4 license suspension, lasting anywhere from one to five years.
• Driving Privileges: You may be granted restricted driving privileges.
• Vehicle Immobilization: Your vehicle must be immobilized for 90 days.
• License Plate Impoundment: Your license plates must be impounded for a mandatory 90 days.

For a Third-Time OVI (within six years):

• License Suspension: A Class 3 license suspension will be issued, lasting from two to ten years.
• Driving Privileges: You might receive restricted driving privileges.
• Vehicle Seizure: The court will order the criminal seizure of your vehicle.

If you are navigating these penalties, consulting with a Mercer DUI lawyer can help you understand your rights and options.

For a Fourth or More OVI Offense (within six years) or Sixth OVI (within 20 years):

• License Suspension: A Class 2 license suspension will be imposed, ranging from three years to a permanent suspension.
• Driving Privileges: Limited driving privileges may be allowed.
• Vehicle Seizure: Mandatory criminal seizure of the vehicle is enforced.

For OVI After a Prior Felony Conviction:

• License Suspension: The court will impose a Class 2 suspension, lasting from three years to life.
• Driving Privileges: Limited driving privileges may be considered.
• Vehicle Seizure: The seizure of the vehicle is mandatory.

After a conviction, you will also be charged a $100 fee for vehicle immobilization, as per R.C. §4503.233(B). These immobilization or seizure actions only apply if the offender is the registered owner of the vehicle used in the offense. A Mercer criminal lawyer can explain how these fees and penalties apply to your specific situation.

Essential Points for an OVI Immobilization Directive

When a court orders a vehicle to be immobilized due to an OVI violation, the order must include specific details to be valid.

Core Details Included in the Court Order:

• Immobilization Duration: The exact length of time the vehicle will be immobilized.
• Vehicle Description: Make, model, and year of the car.
• Issuance Date: The date the order officially goes into effect.
• Authorized Executor: The person or agency responsible for immobilizing the vehicle. This could be law enforcement, court personnel, or a private party authorized by the court.
• Registrar Restrictions: The vehicle owner cannot register any new license plates until the immobilization fee is paid.

Immobilization Location Options:

• A government-owned facility, such as a police lot.
• A privately owned commercial storage lot.
• A location that is:
  • Leased or controlled by a government agency.
  • Owned by the offender or their immediate family.
  • Privately owned, provided there is written consent.
  • A public street where the vehicle is legally parked.

If you are unsure where your vehicle can be stored, a Mercer DUI lawyer can guide you through the requirements.

Timing of Immobilization Enforcement:

The immobilization period begins on the day the vehicle is actually immobilized. If the vehicle was already impounded under R.C. §4510.41 or §4511.195, that time will count toward the total immobilization period (see R.C. §4503.233(D)(1)).

Procedures During and Post Immobilization:

Collection and Destruction of License Plates:
The officer or agency in charge must confiscate the vehicle’s license plates and send them to the Bureau of Motor Vehicles for destruction.

Release and Registration Renewal:
Once the immobilization period is over and the fee is paid, the vehicle will be released. You will then be allowed to get new plates and, if necessary, a new registration. As per R.C. §4503.233(C), you are responsible for paying the replacement fees for plates and registration. For assistance with this process, reach out to a Mercer criminal lawyer.

Violation and Consequences:
If someone is caught driving the immobilized vehicle on public roads during the immobilization period, the consequences are severe. The vehicle will be impounded and then subject to criminal forfeiture under R.C. §4503.234.

Unclaimed Vehicles Post Immobilization and Non-Payment:
If the vehicle is not claimed within seven days after the immobilization period ends, or if the fee isn’t paid, the offender will be notified. You will have 20 days from that notice to pay the fee and retrieve the vehicle. If you fail to do so, the vehicle will be forfeited under R.C. §4503.234(D)(3).

Understanding these rules is critical for complying with court orders. Failure to follow them can lead to serious consequences. A Mercer DUI lawyer can help ensure you meet all legal requirements and avoid further penalties.

Guidelines for Selling an Immobilized Vehicle

If you own a vehicle under an immobilization order and are thinking about selling it, there are strict rules you must follow.

Required Court Approval for Selling Immobilized Vehicles

• You cannot sell an immobilized vehicle without the court’s permission.
• The court will only approve the sale if it believes the transaction is legitimate and not just a way to avoid the immobilization penalty.
• This process is outlined in R.C. §4503.233(D)(4).

Restrictions Post-Arrest and Pre-Immobilization

Transferring the vehicle’s title without court consent between the time of your arrest and the immobilization carries penalties. For two years after an unauthorized transfer, the registrar will not process any vehicle registration in your name (R.C. §4503.233(D)(5)). If you are in this situation, contact a Mercer criminal lawyer immediately.

Court-Ordered Title Transfer of the Vehicle

The court may order the vehicle’s title to be transferred if:

• The offender does not intend to reclaim the vehicle.
• The offender cannot or will not pay the removal and storage costs.

According to R.C. §4503.233(E)(3), the title may be transferred in this order:

1. To an Entity Entitled to the Fee: This entity takes the title and must clear any liens.
2. To a Lien Holder: A lien holder can take the title but must pay for removal and storage.
3. To the Storage Facility Owner: The storage lot owner becomes the new vehicle owner.

Vehicle Disposal After Immobilization

The new owner can keep or dispose of the vehicle but cannot return it to the previous owner. If the car is sent to a salvage dealer or scrap processor, specific procedures under R.C. §4503.233(E)(1) must be followed. Advice from a Mercer DUI lawyer is valuable in these complex transfer scenarios.

License Plate Removal and Final Proceedings

The court must ensure license plates are removed and sent to the registrar. Once this is done, no further proceedings under R.C. §4503.233(E) will occur, though the offender is still liable for immobilization fees (R.C. §4503.233(E)(2)).

Understanding the Waiver of Vehicle Immobilization in Pennsylvania

In some cases, you may be able to avoid vehicle immobilization. Under Pennsylvania Revised Code §4503.235, a waiver can be requested if specific conditions are met.

Criteria for Waiver of Immobilization

Immobilization penalties under R.C. §§4511.19(G) or 4511.193(B) may be waived if:

1. Necessity and Undue Hardship: A family or household member living with the offender files a motion claiming they rely entirely on the vehicle for basic needs and that immobilization would cause them undue hardship.
2. Court Approval: The court agrees that the family member depends on the vehicle and that immobilization would be an unfair burden.

A “family or household member” must currently live with the offender (R.C. §4503.235(F)). A Mercer criminal lawyer can help your family file this motion properly.

Specifics of the Waiver Order

If granted, the waiver order must state:

• Effective Duration: How long the waiver lasts (matching the original immobilization period).
• Waiver Fee: A $50 fee, payable by either the offender or the family member (R.C. §4503.235(B)).
• Restrictions: The order must name the family member allowed to drive and explicitly ban the offender from driving the vehicle.

Vehicles with a waiver must display special license plates (R.C. §4503.231) for the duration of the would-be immobilization (R.C. §4503.235(C)).

Breach of Conditions

If a family member lets the offender drive the waived vehicle:

• Order Revocation: The waiver is cancelled, and standard immobilization is reinstated.
• Legal Violations: The family member violates R.C. §4511.203, and the offender commits a 1st-degree misdemeanor (R.C. §4503.235(E)).

Consulting a Mercer DUI lawyer is essential to avoid these severe repercussions.

Vehicle Transfer and Criminal Forfeiture

If a vehicle subject to forfeiture is sold or reassigned improperly, the court may fine the offender the vehicle’s full value based on National Auto Dealers Association guides (R.C. §4511.195(G)(6)).Navigating these laws is complex. Adhering to the rules is vital to avoid legal trouble. Always consult legal professionals or call us at 412.389.0805 for guidance. A Mercer criminal lawyer at Logue Law Group can provide the defense you need.