Certain Minnesota DWI Charges Result in the Forfeiture of Your Automobile

Posted on January 11, 2009 by Jason C. Brown

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.

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What's Going to Happen to Me Following a First DWI?

Posted on April 23, 2008 by Jason C. Brown

If you're facing a Minnesota DUI for the first time, we understand you are probably nervous about things. We understand that everyone makes a mistake now and again. In our experience, drunk drivers fit no specific mold. We've represented teens, educated professionals, married couples and seniors who have had a few too many and get behind the wheel of a car. Heck, even the former head of the Twin Cities Metropolitan Council (and son of a former vice-president) Ted Mondale was charged with DWI in recent years. You're not a bad person, but you need to understand your rights and know what to expect.

You've probably been arrested, booked and released after some time in custody. Within a few days you can expect that the Minnesota Department of Public Safety will catch wind of the DUI charge and mail you a notice that your license will be suspended for 90 days as a result. The legitimacy of the DPS revoking a driver's license despite no criminal conviction has been tested time and again before at the Minnesota Supreme Court. Because a license is a privilage, not a right, the Commissioner can basically do as they wish. You are going to receive a seven day grace period and then you may not operate a motor vehicle for 90 days. After 15 days, you can seek a work permit or restricted license in the event that you are a college student, need to care for your family or for medical reasons. In some cases the revocation period will expire after 30 days, but only if a guilty plea is entered to the DWI charge in criminal court.

Aside from the revocation process, you will make an initial appearance in court. The judge will make sure that you understand what you are charged with, what your rights are and set conditions of your release. You will probably have to abstain from alcohol and possibily submit to blood alcohol tests as requested.

Several hearings preceed the trial. At those hearings, we deal with evidentiary issues and negotiate with the prosecutor to see if the case will be dismissed or the charges reduced. If we are unable to reach an acceptable plea agreement, a trial date will be set. Trials in a misdemeanor case occur before the Court or, if the Defendant wishes, to a jury of six.

If you plead guilty to drunk driving, or are found guilty of a DWI, sentencing is the final phase of the court process. You will likely undergo a chemical use assessment prior to sentencing and be ordered to comply with the assessor's recommendations. You will be sentenced to jail time, but most, if not all if it (if we are successful) will be stayed, as long as you remain law abiding and commit no same or similar offenses during your probationary period. In addition, you will probably have to attend alcoholics anonymous meetings or a MADD impact panel, attend an educational course about effects of alcohol on the body and pay a fine.

For the benefit of those who have been charged with a DUI in the Twin Cities or greater Minnesota, we have created the Minnesota DWI Blog. Detailed information pertaining exclusively to drunk driving issues is available for your review.

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