If you are arrested for driving while intoxicated, you may think that a fine, the potential of jail time and the suspension of your driving abilities are all you have to worry about, but did you know that the state can also seize property used in the commission of a crime? That means your brand new Camaro or your Ford F150 could be property of the state if you are caught driving it during your DWI arrest.
Now the state can’t just take every car involved in a DWI, but when they can legally seize a vehicle, it’s not always easy for the offender to get their property back. In today’s blog, we take a closer look at Minnesota’s DWI Forfeiture Law.
Minnesota’s DWI Forfeiture Law
Minnesota Statute. 169A.63 allows for the forfeiture of a motor vehicle or recreational vehicle used to commit one of the following offenses:
1. A First-Degree DWI
You can be charged with first-degree DWI if it is your third DWI charge within a 10-year period. You can also face a first-degree DWI charge if you have previously been convicted of felony DWI or felony criminal vehicular operation while under the influence of alcohol or drugs.
2. A Second-Degree DWI
You can be charged with second-degree DWI if you are arrested for DWI with two or more aggravating factors present. As we discuss more in-depth on this page, aggravating factors include having a BAC above 0.16, having minors in the car, or having a previous DWI conviction on your record within the last 10 years.
3. Cancelled License DWIs
If you are arrested for driving while intoxicated with a driver’s license that has previously been canceled as “inimical to public safety” (IPS) and your license has not yet been reinstated, you can have your vehicle seized.
4. Certain Restricted DWIs
If you are arrested for DWI with a driver’s license that has been restricted by the Commission of Public Safety that requires abstinence from alcohol or drugs, you can have your vehicle seized.
It’s also worth noting that if the owner of the vehicle is not the violator, the vehicle can still be seized, but it may be returned if the vehicle owner can prove that they did not have clear or convincing evidence that the vehicle would be unlawfully driven.
Per the law, forfeited vehicles must either be sold or retained by law enforcement for official use. Proceeds from the sale will go to paying off any outstanding loan on the vehicle, and any profit will be kept by the police department.
If your vehicle has been seized, the first thing you should do is contact a defense lawyer. Once you have a professional on your side, you have a couple of options for getting the property back. They can either petition the prosecuting attorney to return the property, or they can attempt to obtain an exemption to have the vehicle returned on the condition the offender enrolls in an ignition interlock program. Successful completion of the program is required in order for the forfeiture action to be dismissed.
Needless to say, getting your property back after is seizure is no easy task, so you need to have a professional in your corner who can help you keep your property and fight the potentially serious DWI. Avery and his team have done just that for many clients in the past, and he can do the same for you. For more information, or for help with your DWI case, reach out to his firm today at (952) 224-2277.
