John’s Law in NJ is a state statute that forces police to impound the vehicle of anyone arrested for drunk driving for a minimum of 12 hours and to hand a written liability warning to any third party who comes to pick the arrested driver up. It is named for Navy Ensign John R. Elliott, who was killed by a driver released after a DUI arrest earlier the same night and allowed to drive again.1Monmouth University. Turning Tragedy Into Change If you or someone you know was just arrested for DUI in New Jersey, the law shapes two immediate problems: when and how you get the car back, and what happens to the person signing you out.
The 12-Hour Impound Is Mandatory
Under N.J.S.A. 39:4-50.23, police must impound the vehicle the person was driving at the time of a DUI arrest. There is no officer discretion. The requirement applies whether the charge is standard DUI under N.J.S.A. 39:4-50 or refusal to submit to a breath test under N.J.S.A. 39:4-50.4a.2Justia. New Jersey Code 39-4-50.23 – Impoundment of Vehicle Operated by Arrestee; Conditions of Release; Fee for Towing, Storage The vehicle stays in police or tow-yard custody for at least 12 hours from the moment of arrest.
Where the car was parked does not matter. Even if it was safely off the roadway and causing no obstruction, police still have to tow it. This is not a traffic-hazard tow. It is a public-safety hold tied directly to the arrest, meant to keep an impaired person from getting back behind the wheel the moment they leave the station.
Getting the Vehicle Back
Twelve hours is a floor, not a ceiling. When the hold expires, you still cannot just walk in and claim the keys. Subsection d of the statute requires anyone claiming the vehicle to show three things: a valid driver’s license, proof of ownership or authority to operate the vehicle, and proof of current insurance. The person also has to be capable of driving safely and not in violation of any motor vehicle law, and the impound facility may add any further conditions the arresting agency imposes.2Justia. New Jersey Code 39-4-50.23 – Impoundment of Vehicle Operated by Arrestee; Conditions of Release; Fee for Towing, Storage
The “able to operate the vehicle in a safe manner” piece is the one people trip over. In practice, it means you need to be sober when you arrive. Show up still visibly impaired and the lot will not release the car, even if the 12 hours are up.
If the arrested driver was not the owner, the actual owner can retrieve the car before the 12 hours run. The owner has to prove they weren’t the one driving at the time and has to meet the same license, registration, and insurance requirements.2Justia. New Jersey Code 39-4-50.23 – Impoundment of Vehicle Operated by Arrestee; Conditions of Release; Fee for Towing, Storage
What It Costs
Towing and storage charges are paid directly to the private towing operator, not the police. New Jersey caps these fees at rates set by each municipality’s local ordinance, so what you owe depends on the town where the arrest happened.3New Jersey Division of Consumer Affairs. What You Should Know About Getting Towed Towing a standard passenger car typically runs in the low-to-mid hundreds, with daily storage fees added for every day the vehicle sits.
Those storage days are the trap. Some facilities begin charging the moment the vehicle arrives, and if you cannot produce the required documents, you pay for every extra day. Bring the license, registration, and insurance card with you the first time.
The Written Warning Given to Whoever Picks You Up
The other half of John’s Law, N.J.S.A. 39:4-50.22, deals with the person who comes to the station to take the arrested driver home. Before releasing the driver, police must give that third party a written statement explaining the civil and criminal liability they can face if they let the arrestee drive while still impaired.4Justia. New Jersey Code 39-4-50.22 – Written Statement of Potential Civil, Criminal Liability for Permitting an Intoxicated Arrestees Operation of Motor Vehicle
That person is asked to sign an acknowledgment of receipt. If they refuse, the agency simply records that the statement was given and the signature declined; the warning counts as delivered either way.4Justia. New Jersey Code 39-4-50.22 – Written Statement of Potential Civil, Criminal Liability for Permitting an Intoxicated Arrestees Operation of Motor Vehicle The form is standardized statewide by the Attorney General’s office, so every department uses the same version.
The practical weight of this warning falls on the third party. If they hand over keys to the still-impaired driver anyway and a crash follows, the signed acknowledgment is strong evidence in a negligent-entrustment claim. Ignorance is no longer an available defense once a police officer has handed you the paper.
What Happens to the Driver While the Car Is Held
The 12-hour hold is on the vehicle, not necessarily the person. If a sober third party arrives and signs the liability warning, the driver can leave with them. If no one is available, New Jersey municipalities are authorized to hold a DUI arrestee in protective custody until the person is no longer a danger to themselves or others. In practice, that generally means the blood alcohol concentration drops below 0.05 percent and the person is no longer impaired. Protective custody cannot exceed eight hours without a hearing.
These two timelines run separately. A driver can sober up and be released from the station well before the car is eligible to come out of impound.
Searches and the Impound
John’s Law gives police broad authority to seize a vehicle, and that authority has intersected with search questions. In State v. Courtney (2024), the New Jersey Appellate Division held that officers could search a vehicle about to be impounded under John’s Law using the automobile exception to the warrant requirement, provided the search happened roadside before the car was towed. Once the vehicle reaches the secure tow yard, that window closes.
The impound itself has remained on solid legal footing since the law took effect on August 1, 2001.5Department of Law and Public Safety Division of Criminal Justice. Attorney General Law Enforcement Directive No. 2001-5 What a DUI arrest triggers is a chain of events: the impound, a possible roadside search, towing and storage charges, release conditions when you come back for the car, and a signed warning in the hands of whoever drove you home. Each one can matter later if the underlying charge is contested.