§ 1213a. Immobilization of vehicle
(a) Immobilization. At the time of sentencing after a second or subsequent conviction under section 1201 of this title, the court may, upon the motion of the State, and in addition to any penalty imposed
by law, order the motor vehicle operated by the defendant at the time of the offense
seized and immobilized by a law enforcement agency designated by the court, as provided
in this section and section 1213c of this title.
(b) Immobilization on owner’s property. A motor vehicle subject to an immobilization order shall be immobilized, whenever
possible, on property owned by the owner of the vehicle or on a parking space legally
available to the owner of the vehicle. An immobilized vehicle is not exempt from enforcement
of liens held by third parties.
(c) Immobilization on State or private property. If the owner of the motor vehicle does not own property or have a parking area on
which the vehicle can be immobilized, the vehicle shall be impounded on property owned
by the State or on private property. All costs of impoundment shall be paid by the
defendant. The period of impoundment shall run as if the vehicle were immobilized.
(d) Expiration of immobilization order. An order of immobilization under this section shall expire in 18 months or when the
defendant obtains a valid operator’s license, whichever comes first.
(e) Release of vehicle. When an immobilization order expires, and when the costs provided for in this section
have been paid in full by the defendant, the vehicle shall be released to its owner.
(f) Costs. All costs of towing and impoundment shall be paid by the defendant before the vehicle
is released to its owner. If the defendant fails to pay the towing and impoundment
costs within 30 days after the immobilization order expires, the State is authorized
to sell the vehicle by public auction pursuant to the procedures in section 1213c
of this subchapter. The proceeds from the sale of the vehicle shall be used first
to offset the costs of towing, impounding, and releasing the vehicle. Any balance
remaining, after any liens on the vehicle have been paid in full, shall be paid to
the owner of the vehicle.
(g) Disbursement of proceeds. Proceeds from the defendant’s payment of the release fee and towing and impoundment
costs shall be disbursed to the law enforcement agencies that incurred the costs.
(h) Tampering. A person who tampers with an immobilization device or mobilizes a vehicle that is
subject to an order of immobilization shall be imprisoned not more than two years
or fined not more than $1,000.00, or both. (Added 1997, No. 117 (Adj. Sess.), § 18; amended 2025, No. 18, § 42, eff. May 13, 2025.)