If the police arrest a driver for a DUI/DWI criminal offense they will often have the vehicle towed and impounded at an impound lot. In some states the vehicle can be retrieved beginning 8-24 hours following the impoundment. If there is a passenger who the police determine is sober or a friend or family member of the driver who arrives before the police have the vehicle towed such a person may be allowed to drive the vehicle from the scene of the DUI/DWI arrest.

In some states the vehicle may be confiscated and held at the impound lot for 30-90 days (forfeiture), and in some states up to 180 days. Vehicle confiscation usually occurs when the defendant has previous DUI/DWI convictions and is designed to prevent the defendant from using the vehicle to commit another DUI/DWI offense.

And in some states the driver's license plates or registration may be confiscated or subject to forfeiture upon a DUI/DWI arrest, or special license plates with numbers or stickers readily identifiable by law enforcement may be issued to the driver—providing probable cause for the vehicle to be stopped and the driver questioned if a police officer observes irregular driving.

The police may search the vehicle as a search incident to a lawful arrest—which is an exception to the general requirement that the police have a search warrant to comply with the Fourth Amendment to the United States Constitution. And if the vehicle is towed and impounded a police officer at the impound lot may perform an inventory search of the vehicle—which is also an exception to the Fourth Amendment warrant requirement. Any contraband the police find in such searches—such as illegal drugs or stolen goods—may subject the defendant to additional criminal charges and will be admissible in evidence against the defendant.

A driver whose vehicle is towed and impounded will be required to pay towing and storage fees to retrieve the vehicle—and depending on applicable law a vehicle that remains in an impound lot for a certain number of days (usually 30-40) may be sold at a public auction and the proceeds applied to towing and storage fees, with any remaining funds being delivered to the owner of the vehicle.

In Washington State, when a driver is arrested for a DUI/DWI, the police may tow and impound the vehicle. If a sober passenger or a friend or family member is present and capable of driving the vehicle safely, they may be allowed to take the vehicle from the scene. Washington law allows for vehicle impoundment and, in cases of repeat DUI offenses, the vehicle may be subject to forfeiture for a period that can extend up to 60 days, depending on the circumstances and the driver's history of offenses. This is intended to prevent further DUI/DWI offenses by the defendant. Additionally, Washington State may require drivers with DUI convictions to use special license plates, known as 'whiskey plates,' which signal prior DUI offenses and provide law enforcement with cause to stop the vehicle if they observe erratic driving. Upon a lawful DUI/DWI arrest, the police are permitted to search the vehicle without a warrant, both at the scene and later during an inventory search at the impound lot. Any illegal items found may lead to further charges. The owner of an impounded vehicle is responsible for towing and storage fees and must pay these to retrieve the vehicle. If the vehicle is not claimed within a certain period, typically 15 days for a first offense and up to 60 days for repeat offenses, it may be sold at public auction, with proceeds going first to cover impound-related costs and any surplus returned to the owner.