Montana DUI Guide

Getting Your Car Out of Impound After a Montana DUI

In most cases the vehicle was towed, not confiscated. Here is how to get it back, and the narrow situations where the State can keep it.

Written by

Misty Gaubatz, Partner, A&M Law

Licensed Montana attorney and co-founder of A&M Law. Over two decades in the practice of law focusing on family law, criminal defense, and DUI defense, with federal and state court experience and a Certificate in Mediation.

Montana Bar #122346+ years as an attorney, with over two decades working in the lawReviewed by Ashley HurlbertLast reviewed: October 9, 2026

Key Takeaways: Getting Your Car Out of Impound After a Montana DUI

After most DUI arrests the vehicle is towed and stored, not forfeited. You get it back by showing you are entitled to it and paying the costs.
A tow company has a lien for the reasonable cost of towing and storage, and the lien depends on possession (MCA § 71-3-1201(2)(a)).
Prescriptions, original licenses and ID, wallets, cash and cards, and child safety items are excluded from the towing lien on property left inside (MCA § 71-3-1201(2)(b)).
Tow operators on the law enforcement rotation must give public access to the storage lot 8 a.m. to 5 p.m., Monday through Friday, except legal holidays (MCA § 61-8-906(3)).
A vehicle taken into custody because of the driver's arrest can be sold if it is not reclaimed within 60 days after notice (MCA § 61-12-404(1)(b)).
Forfeiture is possible only on a second or later conviction, and it is one of three options the court chooses from (MCA § 61-8-1010(2)).

After a Montana DUI arrest, the vehicle is usually towed to a private storage lot, and you get it back by proving you are entitled to it and paying the towing and storage charges. It is not forfeited because of the arrest. Montana's DUI forfeiture law applies only after a second or later conviction. This page is part of our Montana DUI Guide. It covers the ordinary tow first, then the less common cases where a vehicle is held or seized.

Tow, Evidence Hold, or Seizure

Situation	What it means	When you can get it back
Tow after the arrest	The vehicle was removed because the driver was arrested and could not move it. It is released to a person entitled to it who pays the towing and storage costs.	Now
Evidence hold	In a crash or a case involving a search, an agency may hold the vehicle as evidence. Release then depends on the agency or the prosecutor, and practice varies.	When the agency releases it
Forfeiture seizure	One of three sanctions a court must choose from on a second or later DUI conviction. It covers each motor vehicle the person owned at the time of the offense.	Only after a conviction (MCA §§ 61-8-1010(2)(c), 61-8-1033)

If you are not sure which applies, ask the arresting agency whether there is a hold on the vehicle. If the answer is no, you are dealing with the tow company only.

Finding the Vehicle

The arresting officer or the jail can usually tell you which company towed the vehicle, and it may be written on your paperwork. When an officer calls for a tow, the call generally goes to a company on a law enforcement rotation list. The state system is administered by the Highway Patrol, and a local agency may run its own (MCA § 61-8-908).

A tow operator on the rotation must keep a secure storage facility that is available to public access between 8 a.m. and 5 p.m., Monday through Friday, excluding legal holidays, and must have staff able to release impounded vehicles during those hours (MCA §§ 61-8-906(3), 61-8-920(2)(c)). Release at night or on a weekend is up to the company. An arrest late on a Friday can therefore mean storage through the weekend.

What to Bring

Proof that you own the vehicle or have a right to possess it. The reclaiming statute requires satisfactory proof of ownership or right to possession (MCA § 61-12-403). Registration or title in your name is the usual way.
Photo identification. If the officer took your license after a refusal, bring other ID and the paperwork you were given.
Payment. Ask in advance for the total and the accepted forms of payment.
A licensed driver. If your license was seized and your temporary permit is not yet effective or has run out, you cannot drive the vehicle away. See our page on the temporary driving permit.

Some yards also ask for proof of insurance or current registration before releasing a vehicle to be driven. That is company practice. Call first.

Fees, the Towing Lien, and Your Belongings

A person who tows or stores a vehicle as directed under authority of law has a special lien on it for the reasonable cost of the towing or storage, and the lien depends on keeping possession (MCA § 71-3-1201(2)(a)). In plain terms, the company may hold the vehicle until it is paid. The statutes we reviewed do not set a statewide price for towing or daily storage, so we do not quote one. Because storage is charged over time, the practical advice is to act quickly.

In some situations the lien also reaches personal property left in the vehicle, for example where insurance coverage for the towing and storage cannot be verified. Even then the statute excludes prescription items, original operator's licenses and other original identifying documents, cash, credit and debit cards, checks, original personal, legal, and business records, child safety items, wallets and purses, and consumer food that is not for resale (MCA § 71-3-1201(2)(b)).

If you believe a charge is unreasonable, the state has a tow truck complaint resolution committee that reviews written complaints, including complaints about towing charges (MCA § 61-8-912).

If You Wait: Notice and Sale

A stored vehicle does not wait forever. Two notice procedures matter in DUI cases.

Vehicle taken into custody because of the driver's arrest. The owner, lienholder, or person entitled to possession has 60 days after notification by certified mail or publication to reclaim it. After that it may be considered abandoned and sold (MCA § 61-12-404(1)(b)). Under the same part of the code, a person reclaiming a vehicle may not be required to pay storage charges for a period longer than 90 days (MCA § 61-12-403).
Wrecked or disabled vehicle removed from a public roadway at an officer's request. The tow operator must send a certified letter to the owner or lienholder within 15 days. If the removal and storage costs are not paid within 30 days after that notice is postmarked, the operator may ask the Motor Vehicle Division to cancel the title and reissue it to the operator (MCA § 61-8-913).

Notices go to the address in the state's vehicle records. If you have moved, or the vehicle is registered to a family member, do not count on the letter reaching you. If you cannot afford to retrieve a vehicle that is worth less than the bill, talk to the company about your options rather than ignoring the notice.

Evidence Holds After a Crash

When a DUI arrest follows a serious crash, the vehicle itself may be evidence. An agency may keep it while it is inspected or while a warrant is sought. No DUI statute we reviewed sets a timetable for releasing a vehicle held this way, and practice varies by agency. Your lawyer can ask the prosecutor when it will be released, and may also want the vehicle preserved until the defense has examined it. Our page on DUI with a crash explains the charges involved.

Seizure and Forfeiture After a Conviction

Forfeiture belongs to sentencing, not arrest. On a second or later DUI conviction the court must do one of three things: order the 24/7 sobriety program or a court-approved testing program, restrict a recommended probationary license to a vehicle with an ignition interlock, or order that each motor vehicle the person owned at the time of the offense be seized and forfeited (MCA § 61-8-1010(2)).

If the court orders forfeiture, the arresting agency must seize the vehicle within 10 days after the conviction and start forfeiture proceedings within 20 days after the seizure (MCA § 61-8-1033(1), (2)). Lenders with a security interest are paid first from a sale, and the court may return a vehicle, without a sale, to an owner it finds to be without fault (MCA § 61-8-1033(3), (4)). Our pages on vehicle seizure and forfeiture, second and third DUI, and ignition interlock cover the alternatives.

This page explains Montana law in general as of the 2025 Montana Code Annotated. Towing rates, release requirements, and evidence holds vary by company and agency. It is not legal advice about your specific case.

Montana DUI Guide DUI Defense The Temporary Driving Permit How to Read Your DUI Citation Your Arraignment: What to Expect Pleading Guilty or Not Guilty

FAQ

Getting Your Car Out of Impound After a Montana DUI FAQ

How much does it cost to get a car out of impound after a DUI in Montana?

No statute we reviewed sets a statewide towing or storage price. The towing lien statute allows the reasonable cost of towing or storage (MCA § 71-3-1201(2)(a)), and each company sets its own rates. Call the yard for the current total and ask what forms of payment it accepts. Complaints about towing charges can be submitted in writing to the state tow truck complaint resolution committee (MCA § 61-8-912).

Can someone else pick up my car?

The reclaiming statute speaks of the owner, a lienholder, or a person entitled to possession, who must present satisfactory proof of ownership or right to possession (MCA § 61-12-403). If you are sending someone else, call the yard first and ask what written authorization and identification it requires. That is company practice and it varies.

Can I get my belongings out of the car without paying?

For some items, yes. When the towing lien extends to personal property in the vehicle, the statute excludes prescription items, original operator's licenses and other identifying documents, cash and cards, original personal and legal records, child safety items, wallets and purses, and consumer food (MCA § 71-3-1201(2)(b)). Ask the yard how it handles access to those items.

Will the police keep my car after a first DUI?

Montana's DUI forfeiture provision applies on a second or later conviction, not a first (MCA § 61-8-1010(2)(c)). A first-offense arrest can still mean a tow and storage bill, and a vehicle involved in a serious crash may be held as evidence for a time.

What if the car belongs to someone else?

The owner can reclaim it by proving ownership and paying the costs (MCA § 61-12-403). In a forfeiture case after a conviction, the statute reaches vehicles owned by the convicted person, and the court may return a vehicle to an owner found to be without fault (MCA §§ 61-8-1010(2)(c), 61-8-1033(4)).

Vehicle Held After a DUI Arrest?

If your vehicle is being held as evidence or the State is seeking forfeiture, talk to a lawyer before deadlines pass. Call 406-830-3060 for a confidential consultation.

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