When can the state take my vehicle?
Roseville, MN DWI defense attorney Dan Koewler explains when the state can take your vehicle after arrested for a DWI.
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Phone: (651) 604-0000
The state can take somebody’s vehicle whenever that person commits what we call a designated forfeitable offense. And there’s a lot of different definitions of what that entails but what it means is that the state is trying to seize the vehicle they want to keep it for profit. That starts a 60-day timeline for us to file a petition challenging that forfeiture that’s what get our foot in the door to try to get that vehicle back. Now what entails a designated forfeitable offense can vary based on the case. Generally speaking, it’s going to be somebody that’s got at least one prior DWI, although technically, if you’ve got a child under the age of 16 in the vehicle with you and you either refuse to submit to a breath test or you have a test result higher than .16 you’re going to be looking at a designation forfeitable offense. It generally happens whenever somebody’s got two or more enhancing factors.