Transylvania County Vehicle Impound Guide

Navigating DUI Impound in Transylvania County: A Local Legal Guide

If you've been arrested for Driving While Impaired (DWI) in Transylvania County, North Carolina, one of the first logistical hurdles you'll face is dealing with the impound of your vehicle. Unlike some larger cities, Transylvania County operates under a specific set of circumstances shaped by its geography, law enforcement strategies, and local ordinances. This guide provides actionable information to help you understand the process.

Immediate Steps After a DUI Arrest

Following a DUI arrest by the Transylvania County Sheriff’s Office (TCSO), the Brevard Police Department (BPD), or the North Carolina State Highway Patrol (NCSHP), your vehicle is likely to be impounded. Remember, the exact location of the impound lot will depend on which agency made the arrest and where your vehicle was located. Immediately ask the arresting officer for the name and contact information of the towing company used. This is crucial to start the recovery process promptly.

Understanding Towing and Impound Fees

Transylvania County relies on private towing contractors operating under municipal "true cost" ordinances. This means the fees can vary, and they are not capped. Be prepared for costs that can quickly accumulate, including towing fees, daily storage fees, and administrative charges. Inquire about the accepted methods of payment when you contact the towing company.

Locating Your Vehicle and Required Documentation

Once you have the name of the towing company, contact them immediately. You'll need to provide proof of ownership (vehicle registration) and valid identification to claim your vehicle. If the vehicle is not registered in your name, you will need additional documentation proving your right to possess the vehicle, such as a power of attorney or a lease agreement. The towing company will likely require payment in full before releasing your vehicle. Keep all receipts for your records.

Potential "Choke Points" and Law Enforcement Tactics

Law enforcement in Transylvania County actively uses high-visibility tactics, particularly along U.S. Highway 64, U.S. Highway 276, and NC Highway 280. These are the primary routes in and out of Brevard and tourist destinations like Pisgah National Forest and Gorges State Park. Awareness of these "choke points" is important not just for avoiding impaired driving, but also for understanding potential enforcement patterns.

Challenging the Impound: Potential Defenses

While immediate vehicle recovery is often a priority, it's important to understand your legal options. If the initial traffic stop was unlawful or if the arrest was not supported by probable cause, you may have grounds to challenge the impound and recover towing and storage fees. This is a complex legal issue, and you should consult with an attorney. Checkpoints are another situation for potential challenges. If arrested due to a checkpoint, an attorney can request the specific Checking Station Authorization Form to ensure the written policy was strictly followed.

Navigating the Judicial Process

Remember that a DUI arrest triggers both criminal and administrative proceedings. Regarding the criminal case, Transylvania County is part of Judicial District 42, which also includes Henderson and Polk counties. This consolidation affects court calendaring and judicial rotations. The cumulative costs of a DWI—including court costs ($190+), assessment fees ($100), and increased insurance premiums—can be substantial. Given the median income of $34,678, many defendants may qualify for indigent defense. Apply as soon as possible if you believe you qualify.

License Restoration Challenges

Note that Transylvania County lacks a full-service Driver License Office. This means you'll need to travel to a neighboring jurisdiction to address any license suspension or revocation issues. Plan accordingly and factor in travel time when dealing with administrative license matters.

Contact Information for Key Agencies

• Transylvania County Sheriff’s Office (TCSO): 153 Public Safety Way, Brevard, NC 28712. Administration Phone: (828) 884-3169. Website: https://www.tcsonc.org/
• Brevard Police Department (BPD): 132 Commerce Street, Brevard, NC 28712. Phone: (828) 883-2212.
• Transylvania County Detention Center: (828) 884-3147. Knowing the detention center phone number is critical for communicating with someone who has been arrested.

To locate your vehicle, immediately contact the TCSO or BPD non-emergency line and ask for the name of the towing company used in your specific case.