St. Paul, MN criminal defense attorney Robert Ambrose talks about whether or not he can get someone’s vehicle back if they have been arrested for a DWI.
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Yes. So, not every DWI is going to result in your car being taken away, but in first- and second-degree DWI cases, the state will often take somebody’s vehicle away. You have 60 days to challenge right now under the law, if they’re taking the vehicle away. And you often have to wait until the conclusion of your criminal case to challenge it, unless the court’s going to give you a hearing before that time. Oftentimes, you need to prevent a conviction to try and get somebody’s vehicle back, but there’s been a fair amount of cases where you’re able to negotiate getting the vehicle back, or the prosecutor’s just willing to give the vehicle back. There’s also a lot of constitutional arguments right now on the forfeiture law in general, even if you are convicted of first- or second-degree DWI.