Vehicle Forfeiture Attorneys in Minnesota
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Did you know that the police can legally take possession of your vehicle and sell it at auction if you are convicted of certain crimes? It’s known as vehicle forfeiture, and it’s a fairly common occurrence with higher level DWI charges.
According to Minnesota Statute § 169A.63, vehicle forfeiture can occur when a car is used to commit certain DWI crimes. This means that having your vehicle seized is a potential consequence of a second-degree or felony-level DWI. Your vehicle may be returned to you if you are not convicted of a crime, but only if your attorney files the appropriate paperwork with the court within the time limits established by law. A vehicle forfeiture can be a costly and extremely inconvenient consequence that prevents you from getting to your job and living your day-to-day life.
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What Happens to Your Car When You Get a DWI in Minnesota?
If you’re wondering what happens to your car when you get a DUI or DWI, the answer depends on the circumstances of the arrest and your impaired-driving history. Not every Minnesota DWI results in vehicle forfeiture. Minnesota law limits forfeiture to vehicles connected to certain designated DWI offenses or qualifying license revocations.
When a vehicle is subject to forfeiture, law enforcement may seize it and place it in the custody of the appropriate agency while the forfeiture process moves forward. Vehicle forfeiture is separate from the criminal DWI prosecution, which is one reason it is important to understand and respond to both matters.
What Does Forfeiting a Car Mean?
Forfeiting a car means permanently losing your ownership interest in the vehicle through the legal forfeiture process. This is different from temporarily having a vehicle towed or impounded.
If the government successfully completes the forfeiture, the vehicle may ultimately be sold or otherwise disposed of as permitted by Minnesota law. Before that happens, however, vehicle owners and others with qualifying interests may have legal options to challenge the forfeiture or seek return of the vehicle.
What Happens to Seized Vehicles?
After seizure, the appropriate agency takes custody of the vehicle and may move it to a designated location, place it under seal, or use a disabling device. Owners may also have an opportunity to seek possession of a seized vehicle before the forfeiture case is resolved by providing security or posting a bond equal to the vehicle’s retail value.
There are also circumstances in which a forfeiture proceeding may be stayed and the vehicle returned, including qualifying participation in Minnesota’s ignition interlock program. Because the available options depend on the circumstances, acting quickly after receiving a notice of seizure and intent to forfeit can be important.
Does Your Car Get Impounded for Drink Driving?
A DWI arrest does not automatically mean that your vehicle will be permanently forfeited. Whether your car gets impounded for drink driving and whether it ultimately becomes subject to forfeiture are separate questions. A vehicle may be towed following an arrest without necessarily being forfeited under Minnesota law.
If your vehicle has been seized following a DWI arrest, a Minnesota vehicle forfeiture attorney can determine why it was seized, whether it qualifies for forfeiture, and what options may be available to challenge the action or obtain its return.
Sieben Edmunds Miller represents drivers facing DWI and vehicle forfeiture matters throughout the Twin Cities, including people looking for a vehicle forfeiture lawyer in Apple Valley or a vehicle forfeiture lawyer in Dakota County, MN. Addressing the forfeiture promptly can help protect both your vehicle and your rights while the underlying DWI case proceeds.
How to Prevent Vehicle Forfeiture in MN
Luckily, your vehicle can only be kept and sold if you are convicted of the DWI offense for which you have been arrested, or if your driver’s license is revoked. This means that once you and your Vehicle Forfeiture attorneys successfully defend against your DWI charges in Minnesota, your property will be returned to you. Clearly, it’s very important to hire a competent attorney if you do not want your vehicle to be forfeited and sold as a result of a DWI conviction. Know your rights and work with a Minnesota Vehicle Forfeiture Lawyer who knows the intricacies of the law.
Our Minnesota Vehicle Forfeiture Attorneys Will Help You Protect Your Rights
If your family member or friend was using your vehicle when arrested and you had no knowledge of the criminal activity taking place, you have a strong argument against forfeiture of your vehicle. The law states that a vehicle is subject to forfeiture only if the owner knew or should have known of the unlawful use of the vehicle. This is referred to as the innocent-owner defense. If your car was seized because someone else was using it in an illegal manner of which you were not aware, our attorneys can help you get your car back quickly.
Avoid DWI Vehicle Forfeiture in Minnesota with Ignition Interlock
If your vehicle has been seized in connection with a DWI arrest, you are in luck! A new Minnesota statute provides an exception that allows vehicle owners to keep their vehicles if they install ignition interlock. Ignition interlock is a blood alcohol measurement machine that can be installed in one’s vehicle. The driver blows into the machine in order to start the vehicle and then periodically while driving. The car will not start if alcohol is detected. Although there is a cost to use the program, ignition interlock gives those with revoked licenses an option to drive sooner than they otherwise might, and under the new statute, an opportunity to prevent permanent forfeiture of a vehicle. The specifics of a vehicle release under these circumstances needs to be negotiated with the forfeiting agency.
The forfeiting agency (the state, county, city, etc.) may require the vehicle owner give security such as a bond or pay cash in the amount of the vehicle’s value in order to release the car. If the security is paid in cash, the money will be returned to the owner once the required interlock period ends (the amount of time depends on a number of factors including the severity of the offense and number of prior offenses).
Experienced Lawyers for Vehicle Forfeiture Law in Minnesota
The team at Sieben Edmunds Miller Minneapolis criminal defense lawyers and St.Paul criminal defense lawyers wants to see you keep your car, not watch it be sold off at police auction. The best way to ensure your vehicle will be returned to you is by preventing you from being convicted of your DWI/DUI charges. That’s why we tenaciously fight against DUI and DWI charges for our clients. We know an unfair criminal conviction can permanently change your life, so we do everything we can to make sure your rights are protected and justice is served. Contact us by calling (651) 994-6744
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