Impoundment Period
If the peace officer seized the motor vehicle because the driver was:
- driving with a blood alcohol contect of .05 or higher
then the motor vehicle is impounded for at least three days
If the peace officer seized the motor vehicle because the driver was:
- suspended
- prohibited
- driving with a blood alcohol content equal to or over .08
then the motor vehicle is impounded for at least 30 days.
If the peace officer seized the motor vehicle because the driver’s offence was:
- driving with a blood alcohol content of over .16
- refusal
then the motor vehicle is impounded for at least 60 days.
The impoundment period will be longer if the registrant had a motor vehicle seized under this legislation within the last five years. See Second or Subsequent Seizure within Five Years.
The registrant may have the right to apply for a hearing to ask a Justice to cancel the seizure. See Revocation Hearing (Early Release).
The registrant may have the right to apply for an extension hearing to ask a Justice to reduce the impoundment period. See Extension Hearing.
Second or Subsequent Seizure Within Five Years
Registrants who are considered repeat offenders will have the current impoundment period extended according to section. 242.1(7.1.1) and (7.1.2) of the HTA. Every seizure the registrant has had within five years of the current seizure – which was not cancelled by a Justice, released due to being a stolen vehicle, or deemed a wrongful seizure by VIR – qualifies to extend the current seizure's impoundment period.
For a seizure for drive suspended, prohibited or equal to or over .08, the vehicle is impounded for 30 days. The impoundment is extended by 60 days for every qualifying previous seizure.
For a seizure for driving with a blood alcohol level over .16, or refusal, the motor vehicle is impounded for 60 days. The impoundment period is extended by 120 days for one qualifying previous seizure and then, by 60 days for a second and subsequent qualifying seizure.
VIR will mail a Notice of Extended Period of Impoundment of Motor Vehicle to the registrant, advising of the extended impoundment period and release date.
