Legal Question in DUI Law in Minnesota

Re: Vehicle Forfeiture

It is not clear from the facts you laid out whether you have possession of the vehicle now or not, but I will assume the impound lot is holding it since the state is trying to forfiet your vehicle. If you have any interest in trying to get the vehicle back, there could still be hope if the driver pleads guilty to a lesser charge. Some prosecutors will release a vehicle when that happens (but not all). If you really just don't want the vehicle anymore, contact the local prosecution that's handling the DWI and inform them that you do not want to pursue getting the vehicle back and you want it released to the lienholder. They may have some paperwork for you to sign to release the vehicle, and then they will contact the lienholder to come and get it. An experienced DWI defense attorney may still be able to assist you with retrieving the vehicle, so do not assume that you automatically lose just because you were in the vehicle at the time. Even drivers themselves can get vehicles back in certain situations.

Re: Vehicle Forfeiture

Unfortunately, if you were in the vehicle as it was being driven and the driver received a serial (usually 3rd) DWI, the vehicle would be subject to forfeiture since it was used as the instrument of a crime with your knowledge. Your defenses are very limited. In some instances an agreement with the city/county attorney seeking the forfeiture may be struck regardless of the circumstances.

It can be sold, but the creditor must be paid for any outstanding encombrance aggainst the vehicle. You would lose any equity in the vehicle.

You can voluntarily choose to have the vehicle returned to the lienholder and may do so by calling the city/county attorney that served the forfeiture notice.

For a consultation call 612.240.8005.

Re: Vehicle Forfeiture - DWI

Though it's not entirely clear from the question, it sounds as if too much time may have elapsed since the Notice of Seizure and Intent to Forfeit Vehicle was served upon you by police. If you want to challenge the forfeiture in court, you need to file papers accordingly within the short time limit. Normally, you'll need a DWI lawyer like me to help with that. The DWI forfeiture statutes essentially protect banks secured interest in these vehicles, but the debtor on the car loan would still be liable for the deficiency after the auction proceeds are applied to the loan balance - typically. If you still have the car, you might consult a lawyer about the idea of selling it and using the proceeds to pay off the bank loan. The government might still go after the remaining proceeds, but a private sale may get a higher price than an auction.

FFI: http://www.liberty-lawyer.com/dwiduidrivingrelated.html