Thomas Jakeway A lawyer who knows Minnesota DWI / DUI & Criminal Law

Motor Vehicle Forfeiture

The motor vehicle forfeiture laws in Minnesota are very exacting and one can face vehicle forfeiture even in the first instance of a DWI arrest depending on the circumstances. Vehicles and other property (even houses) may also be forfeited in relation to many drug offense arrests. A vehicle is subject to forfeiture if the driver is arrested for a 2nd degree (or more serious) DWI charge or a drug charge. Other circumstances exist in which a driver with a history of several DWI incidents may have a vehicle forfeited even on a less serious DWI arrest. Vehicles are also commonly forfeited based on an arrest for Fleeing Police in a motor vehicle.

The problem in Minnesota is that the car is seized first and unless the rightful owner acts immediately to get the car back the police will get to keep the vehicle without regard to any defenses the owner or driver may possess. If a lawsuit is not filed within 30 days on a DWI forfeiture and 60 days on a drug forfeiture the property will never be returned, even if the owner or driver is completely innocent. The lawsuit is a petition for judicial review.

The fact that a DWI arrest, without even a conviction, can lead to the seizure and permanent forfeiture of a vehicle is reason enough to find a qualified and committed DWI defense attorney to defend the case. If you or anyone you care about, has been stopped and arrested for DWI, especially when vehicle forfeiture is involved, you need to consider the professional services of a talented DWI attorney.