The penalties for drunk driving in Minnesota can be severe, but many people don’t realize the full extent of their actions in the wake of a DUI arrest. For some people, they may have their vehicle seized by police if their arrest involves certain factors. Below, we take a closer look at when police can legally seize your car after a DUI, and how you can go about getting it back.
Police Vehicle Seizure Laws
According to DWI law here in Minnesota, your vehicle may be seized by police if you are charged with your third DWI violation in a 10-year span. You can also have your vehicle seized after your first or second DWI offense if one or more of the following aggravating factors is present:
- Having a BAC over 0.16
- Having a a child below the age of 16 in the vehicle at the time of arrest.
- Having a child who is more than 36 months younger than the offender in the vehicle at the time of arrest.
- Having a previous qualifying impaired driving incident on your criminal record.
The seizure may be completed by the arresting officer, or the prosecuting attorney may serve notice to the offender or the owner of the vehicle. That’s right, even if you are both named on the vehicle’s registration or someone else was driving your car, you can end up having your vehicle seized even if you weren’t the one driving while impaired. Unless appealed, the seizure will be enforced 30 days after notice is given.
In order for a vehicle to be seized and forfeited to the state, one of the following conditions must be met.
- The vehicle was used to carry out the offense and the person driving the vehicle was either convicted of the offense or did not appear for trial; or
- The vehicle was used to carry out an offense that resulted in the driver’s license being revoked, and the driver either failed to pursue an administrative or judicial review in a timely manner or the revocation was upheld after review.
Police cannot seize other vehicles you own that were not used in the commission of the crime, but they can take the car that was involved in the incident, even if the driver doesn’t own it outright. However, vehicles belonging to other individuals can only be seized if the owner did not know or did not have reason to know that the vehicle was going to be used in an unlawful manner. So if you lend you car to your drunk friend so they can go to Taco Bell, you could lose your car if they get a DUI. That said, if your son sneaks out and takes your car without permission and ends up with a DUI, you can contest any seizure and keep your car on the ground that you didn’t know it was being used in the commission of a crime.
As you can see, it’s pretty easy for police to seize your vehicle after a DUI, and that can leave you without transportation and in a financial hole if they permanently keep your car. The best way to fight back against a seizure if to hire a defense lawyer like Avery and the team at Appelman Law Firm. They can fight for your rights and have helped countless people retain their property that was subject to forfeiture. For more information, or for help with your DWI or forfeiture case, reach out to our firm today at (952) 224-2277.
