At the beginning of 2022, the law regarding DUI diversion changed. DUIs are no longer eligible for diversion in California. Please contact our office with any questions. Email us at abortellaw@gmail.com OR Call us at: San Rafael (415) 520-7182 | San Francisco (415) 520-6815
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While every rental company is different, in most cases, the contract that you signed with the rental company will be voided if you’re arrested for a DUI while driving their car. This means that you are no longer permitted to drive that vehicle, and that you may be liable for any damage to property or people that resulted from your DUI.
Typically, you will find yourself in jail for the DUI charge. The rental car will then be towed away, but you won’t be able to get the car out of impoundment because it’s not in your name. In most cases, the rental company will have to come and retrieve the vehicle.
You won’t be allowed to use or drive the vehicle after that, but you may be able to get your belongings out of the rental car at a later point.
The rental company will typically learn of your DUI arrest when the car is impounded, and the tow lot then calls them about their impounded vehicle. The arresting officer won’t notify them. In other cases, the impounding lot may tell you to call the rental company yourself when you try to retrieve the vehicle.
This could take a few days, and you’ll likely wind up paying the rental company for those days the vehicle was impounded, as well as paying impound charges. The rental company may also charge you for towing fees.
Yes, you will probably be blacklisted by that specific rental company should you try to rent from them again. This blacklisted status could last anywhere from three years to a lifetime ban on renting from that company.
If you try to rent from a different rental company, their policies would require them to check your driving record. If you have a history of DUIs or a recent DUI, they may decline to rent to you on that basis.
If you have an out-of-state license, one of your main concerns is likely to be your home state’s DMV finding out about the arrest. This is why it’s an excellent idea to get SR22 insurance as soon as possible. This will be applied through a carrier, instead of through your normal auto insurance company. It can help prevent your name from being red-flagged should you try to rent a vehicle in your home state after a DUI arrest in California.
SR22 insurance can also help prevent issues and complications when you try to renew your license back home. Without that protection, your home state might penalize you, suspend your license, or require you to attend DUI school.
This is unlikely, though there may be a specific situation where, should we go to trial, the rental company would be called to verify who rented the vehicle. Generally, however, rental information is gathered at the time of the arrest, and it’s unlikely the rental company would be asked to assist in your defense.
When you’re arrested for a DUI in California and are a California resident, the police will take away your California driver’s license and give you a pink sheet as a temporary, 30-day license. If you find yourself needing a vehicle after your arrest, you may try to rent one.
What many people don’t realize is that rental companies won’t accept that pink sheet because they know it means you just got a DUI. They’ll see you as a liability and won’t rent to you. In other words, don’t show the rental company that pink piece of paper if you’re hoping to rent a vehicle.
Instead, you may be able to have a duplicate license printed out by requesting one from the DMV’s website. This will simply be a paper copy, and won’t mention anything about your DUI. If you have another form of ID, such as a passport, bring that along, as well.
Another common mistake is over-explaining your situation to the rental company. Some contracts will require you to notify the rental company about any accidents, tickets, or DUI incidents. Others won’t. If your contract doesn’t require you to report a DUI arrest specifically, this is not information that you need to voluntarily share with the rental company.
For more information on DUI in a rental car in California, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (415) 520-7182 / (415) 520-6815 today.
Attorney Aaron Bortel is a proactive, thorough DUI defense attorney serving California. Since 1992, he’s helped clients just like you navigate the law (and vehicle access) after a DUI arrest in a rented vehicle.
Were you arrested for a DUI while driving a rented car, truck, or SUV? Reach out to the Law Offices of Aaron Bortel for an initial consultation today.
