2005 Arizona Revised Statutes - Revised Statutes §28-3511  Removal and immobilization or impoundment of vehicle

A. A peace officer shall cause the removal and either immobilization or impoundment of a vehicle if the peace officer determines that a person is driving the vehicle while any of the following applies:

1. The person's driving privilege is revoked for any reason.

2. The person's driving privilege is suspended because of a driving under the influence conviction.

3. The person's driving privilege is suspended pursuant to the department's action based on a previous conviction for a violation of section 28-3473.

4. The person's driving privilege is suspended pursuant to section 28-3306, subsection A, paragraph 3.

5. According to department records the person has not ever been issued a driver license or permit and the person does not produce evidence of a driver license issued by another jurisdiction.

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, suspended or revoked or according to department records the person has not ever been issued a driver license or permit and the person does not produce evidence of a driver license 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 33 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 either:

1. All of the following apply:

(a) 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.

(b) The spouse of the driver is with the driver at the time of the arrest.

(c) The peace officer has reasonable grounds to believe that the spouse of the driver:

(i) Has a valid driver license.

(ii) 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.

(iii) Does not have any spirituous liquor in the spouse's body if the spouse is under twenty-one years of age.

(d) The spouse notifies the peace officer that the spouse will drive the vehicle from the place of arrest to the driver's home or other place of safety.

(e) The spouse drives the vehicle as prescribed by subdivision (d) of this paragraph.

2. The vehicle is owned by the driver's parent or guardian and the peace officer has probable cause to arrest the driver of the vehicle for a violation of section 4-244, paragraph 33 but not for a violation of section 28-1382 or 28-1383.

E. Except as otherwise provided in this article, a vehicle that is removed and either immobilized or impounded pursuant to subsection A or B or C of this section shall be immobilized or impounded for thirty 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 or B or C of this section, the spouse of the owner and each person identified on the department's record with an interest in the vehicle shall be provided with an opportunity for an immobilization or poststorage hearing pursuant to section 28-3514.