• Home
• About The Firm
• Attorney Bios
  • Jason C. Brown
  • Cynthia J. Brown
• Testimonials
• DWI Charges
  • Preliminary Issues
  • FAQ
  • Field Sobriety
  • Key Statutes
  • Sentencing
  • Felony DWI
  • Non-Auto DWI
  • Juveniles
• Civil Issues
  • License Revocation
  • Work Permits
  • B-Card
  • License Plates
  • Forfeiture
• Contact Us

Minneapolis DUI Attorneys

Minnesota’s DWI law provides for vehicle forfeiture for a designated license revocation or designated offense, which is typically the third DWI violation within a ten-year period, though with one or more enhancing factors, a person’s second or even first violation might qualify as well.

A vehicle is subject to forfeiture under this law only if:

• It was used in the commission of a designated offense and the driver was convicted of that offense or failed to appear at trial on it; or
• Involving an alcohol concentration of .20 or more; or
• It was used in conduct resulting in a designated license revocation and the driver either fails to seek administrative or judicial review of the revocation in a timely manner or the revocation is sustained upon review.

Other vehicles owned by the offender are not subject to forfeiture. As a protection for an owner who is not the offender, the law states that a motor vehicle is subject to forfeiture only if its owner knew or should have known of the unlawful or intended use of the vehicle.

Following completion of forfeiture, the arresting agency may keep the vehicle for its official use. However, the security interest or lease of the financial institution, if any, is protected, and the lien holder may choose to sell the vehicle at its own foreclosure sale or agree to a sale by the arresting agency. A proportionate share of the proceeds, after deduction of certain expenses, goes to the financial institution. The law provides similar protection to any innocent co-owner, as well.

Minneapolis DUI Attorneys Offering Free Consultations

If you've been charged with a DUI, you need a strong advocate on your side. Call 612-789-2100. Our attorneys will speak with you at no cost and answer all of your questions in terms you can understand.