Motor Vehicle Forfeiture in Minnesota

If you are convicted of a DUI/DWI charge, you may face not only jail time and large fines, but also administrative penalties such as a revocation of your license and the forfeiture of your motor vehicle.

In Minnesota, if you are arrested for DWI/DUI under certain circumstances, the arresting police officer has the right to seize your vehicle at the time of the arrest. If your vehicle is seized, the prosecuting attorney can then serve a notice of intent to seek a forfeiture of your motor vehicle.

You may face motor vehicle forfeiture if you are convicted of a DWI/DUI for the third time in a ten-year period or if your conviction constituted a second or first degree DWI due to aggravating factors, among other circumstances.

If you are served with a notice of intent to seek forfeiture, it does not mean you automatically lose your vehicle. You have the right to request a judicial determination, which means a judge will determine whether your vehicle should be forfeited. You must file a request for a judicial determination within a specified time frame after you receive the prosecutor’s notice of intent.

A qualified Minneapolis DWI/DUI attorney can ensure you file your request for a judicial determination within the necessary time frame and will represent your interests before the Court. For additional information on how to avoid motor vehicle forfeiture in Minnesota, contact Minneapolis criminal defense attorney Carolyn Agin Schmidt now.