Certain Minnesota DWI Charges Result in the Forfeiture of Your Automobile
Under Minnesota's DWI statutes, the vehicle owned by certain drunk drivers may be subject to forfeiture and sale. Typically a third DWI violation within a ten-year period results in the loss of a car, but, with one or more enhancing factors, a person’s second or even first DWI might qualify as well.
Motor vehicles operated by a drunk driver are subject to forfeiture in Minnesota if:
- The vehicle was used in the commission of a designated offense and the driver was convicted of that offense or failed to appear at trial; or
- The driver had an alcohol concentration of .20 or more; or
- The vehicle was used in conduct resulting in license revocation and the driver either fails to seek administrative or judicial review of the revocation in a timely manner or the revocation is sustained upon review.
A second or third car or truck owned by the offender, but not driven while intoxicated, are not subject to forfeiture.
As protection for a vehicle owner who borrowed their vehicle to the offender, Minnesota law provides that a motor vehicle is subject to forfeiture only if the true owner knew, or should have known, of the unlawful or intended use of the vehicle to drive intoxicated.
After the forfeiture process is compete, law enforcement may keep the vehicle for official use. Security interests or lease terms, if any, are protected, and the lien holder may choose to sell the vehicle at its own auction or agree to a sale by the arresting agency. A proportionate share of the proceeds, after the deduction of certain expenses, goes to the lending institution.
If you have been charged with drunk driving in Minnesota and your vehicle may be subject to forfeiture, contact attorney Jason Brown for information about your legal rights and recovery of your property: 763-323-6555 or submit our free consultation form.
