If you are placed under arrest for suspicion of driving while intoxicated, you’ll have a number of different things to sort out, including what will happen to your vehicle. Will your vehicle always be towed or seized by police after a DUI arrest, or is it possible to keep it in your possession while things get sorted out at the station? In today’s blog, we explain what you can expect to happen to your vehicle after a DWI arrest in Minnesota.
Will I Lose My Vehicle After A Minnesota DUI Arrest?
If you’re arrested for DUI, there’s a good chance that your vehicle will either be towed if this is your first or second DUI or seized if you have three or more DUIs on your criminal record. In many instances, the decision to tow a vehicle is recommended as a safety issue. If you’re stopped on the highway or an offramp, that’s not the safest place to leave a vehicle. Towing it removes it as an obstacle for others, and it brings it to a safer location for you to retrieve. Imagine having to hail an Uber and forcing them stop along a highway because police left your car there overnight! Yes, you’ll incur additional fees because it has been towed, but it can be justified by police as a public safety issue, so it’s typically the standard procedure.
There are some rare situations where police may opt not to have the vehicle towed. If you have a sober person in the vehicle who can legally drive the car, police may let them drive off after the interaction is over, but since you probably would have just let that sober person drive anyway, it’s rare for a drunk driver to be stopped with a sober passenger. If you’re really close to your house or you pull over in a parking lot where you are not a hazard to other drivers, it’s possible that police will opt not to call it in for towing, but it’s not guaranteed. You can ask a law enforcement individual prior to your release how to obtain information about where your car is located if you believe it is no longer where you were stopped by police.
It’s also possible that your car will be seized by police as part of a vehicle forfeiture. Police are legally allowed to seize your vehicle and eventually sell it at auction and keep the profits if any of the following are true about your DUI arrest.
- This is your second DWI with a BAC above 0.20
- This is your second DWI, and a minor was in the vehicle at the time of your arrest
- This is your third DWI in 10 years
- This is your fourth or subsequent DUI arrest
You can fight a forfeiture petition, but know that it won’t be easy. We can help defend you against the criminal charge and challenge the seizure, but you’ll be fighting an uphill battle, so don’t try to do all this on your own. Connect with Avery and the team at Appelman Law Firm for more information about fighting a DUI charge or contesting a vehicle forfeiture.
For more information, give Avery and the team a call today at (952) 224-2277.
