Legal Question in DUI Law in Minnesota

Re: vehicle forfeiture

I would need to know whether you mean a second degree dwi or a second offense. Forfeitures are based on the number of qualified prior offenses that you have received. If it was your third offense and thus a second degree DWI yes the state can forfeit your vehicle. As to whether you would be able to recover it, it depends. Sometimes you can strike a deal with the forfeiting agency and do what is called a buy back. It will cost you but depending on what the vehicle is worth, it might be something you want to do. Also, if the vehicle is subject to a loan there are ways that the third party creditor can recover the vehicle.

I am in the Mankato area and am familiar with the local courts and prosecutors. Please contact me if you have any questions.

Jennifer S. Homer

Attorney at Law(507)6253000

Re: vehicle forfeiture

There are circumstances that will make your vehicle eligible for forfeiture on a second DWI offense. Even if the car being driven did not belong to you, the prosecutor can attempt to take it away. A person only has 30 days from the date notice was given of the forfeiture to challenge this. Your guilty plea will help the prosecutor's case to keep the vehicle, but it is not necessarily fatal.