2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-3511 - Removal and immobilization or impoundment of vehicle; Arizona crime information center database

28-3511.
Removal and immobilization or impoundment of vehicle;  Arizona crime information center database
A. A peace officer shall cause the removal and either immobilization or impoundment of a vehicle if the peace officer determines that:
1. A person is driving the vehicle while any of the following applies:
(a) Except as otherwise provided in this subdivision,  the person's driving privilege is revoked for any reason. A peace officer shall not cause the removal and either immobilization or impoundment of a vehicle pursuant to this subdivision if the person's privilege to drive is valid in this state.
(b) The person has not ever been issued a valid driver license or permit by this state and the person does not produce evidence of ever having a valid driver license or permit issued by another jurisdiction. This subdivision does not apply to the operation of an implement of husbandry.
(c) The person is subject to an ignition interlock device requirement pursuant to chapter 4 of this title and the person is operating a vehicle without a functioning certified ignition interlock device. This subdivision does not apply to the operation of a vehicle due to a substantial emergency as defined in section 28-1464.
(d) In furtherance of the illegal presence of an alien in the United States and in violation of a criminal offense,  the person is transporting or moving or attempting to transport or move an alien in this state in a vehicle if the person knows or recklessly disregards the fact that the alien has come to,  has entered or remains in the United States in violation of law.
(e) The person is concealing,  harboring or shielding or attempting to conceal,  harbor or shield from detection an alien in this state in a vehicle if the person knows or recklessly disregards the fact that the alien has come to,  entered or remains in the United States in violation of law.
2. A person is driving a vehicle in violation of section 28-693 and the peace officer reasonably believes that allowing the person to continue driving the vehicle would expose other persons to the risk of serious bodily injury or death.
3. A person is driving a vehicle in violation of section 28-708 and the peace officer reasonably believes that allowing the person to continue driving the vehicle would expose other persons to the risk of serious bodily injury or death.
4. A person is obstructing a highway or other public thoroughfare in violation of section 13-2906 and the peace officer reasonably believes that allowing the person to continue driving the vehicle would expose other persons to the risk of serious bodily injury or death.
5. The vehicle is displayed for sale or for transfer of ownership with a vehicle identification number that has been destroyed,  removed,  covered,  altered or defaced.
B. A peace officer shall cause the removal and impoundment of a vehicle if the peace officer determines that a person is driving the vehicle and if all of the following apply:
1. The person's driving privilege is canceled or revoked for any reason or the person has not ever been issued a driver license or permit by this state and the person does not produce evidence of ever having a driver license or permit issued by another jurisdiction.
2. The person is not in compliance with the financial responsibility requirements of chapter 9,  article 4 of this title.
3. The person is driving a vehicle that is involved in an accident that results in either property damage or injury to or death of another person.
C. Except as provided in subsection D of this section,  while a peace officer has control of the vehicle the peace officer shall cause the removal and either immobilization or impoundment of the vehicle if the peace officer has probable cause to arrest the driver of the vehicle for a violation of section 4-244,  paragraph 34 or section 28-1382 or 28-1383.
D. A peace officer shall not cause the removal and either the immobilization or impoundment of a vehicle pursuant to subsection C of this section if all of the following apply:
1. The peace officer determines that the vehicle is currently registered and that the driver or the vehicle is in compliance with the financial responsibility requirements of chapter 9,  article 4 of this title.
2. Another person is with the driver at the time of the arrest.
3. The peace officer has reasonable grounds to believe that the other person who is with the driver at the time of the arrest meets all of the following:
(a) Has a valid driver license.
(b) Is not impaired by intoxicating liquor,  any drug,  a vapor releasing substance containing a toxic substance or any combination of liquor,  drugs or vapor releasing substances.
(c) Does not have any spirituous liquor in the person's body if the person is under twenty-one years of age.
4. The other person who is with the driver at the time of the arrest notifies the peace officer that the person will drive the vehicle from the place of arrest to the driver's home or other place of safety.
5. The other person drives the vehicle as prescribed by paragraph 4 of this subsection.
E. Except as provided in subsection H of this section and as otherwise provided in this article,  a vehicle that is removed and either immobilized or impounded pursuant to subsection A,  B or C of this section shall be immobilized or impounded for twenty days. An insurance company does not have a duty to pay any benefits for charges or fees for immobilization or impoundment.
F. The owner of a vehicle that is removed and either immobilized or impounded pursuant to subsection A,  B or C of this section,  the spouse of the owner and each person who has provided the department with indicia of ownership as prescribed in section 28-3514 or other interest in the vehicle that exists immediately before the immobilization or impoundment shall be provided with an opportunity for an immobilization or poststorage hearing pursuant to section 28-3514.
G. A law enforcement agency that employs the peace officer who removes and either immobilizes or impounds a vehicle pursuant to this section shall enter information about the removal and either immobilization or impoundment of the vehicle in the Arizona crime information center database within three business days after the removal and either immobilization or impoundment.
H. A vehicle that is removed and either immobilized or impounded pursuant to subsection A,  paragraph 4 of this section shall be immobilized or impounded for seven days.