Minnesota DWI Vehicle Forfeiture Standards
Minnesota's DWI statutes allow for vehicle forfeiture in some circumstances. Most often, forfeiture occurs when a defendant receives a third DWI violation within a ten-year period. With one or more enhancing factors, a person’s second, or even first, DWI violation may result in the forfeiture of their car.
The following "designated offenses" may result in a forfeiture:
- A violation of section 169A.20 (driving while impaired) under the circumstances described in section 169A.24 (first-degree driving while impaired), or 169A.25 (second-degree
driving while impaired); or - A violation of section 169A.20 or an ordinance in conformity with it: (i) by a person whose driver's license or driving privileges have been canceled as inimical to public safety under section 171.04, subdivision 1, clause (10), and not reinstated; or (ii) by a person who is subject to a restriction on the person's driver's license under section
171.09 (commissioner's license restrictions), which provides that the person may not use or consume any amount of alcohol or a controlled substance.
Other vehicles that are owned by the offender, but were not involved in the DWI are not subject to forfeiture. For those who own, but were not present in, a vehicle used in the commission of a DWI, their car is subject to forfeiture only if they knew or should have known of the unlawful or intended illegal use of the vehicle.
Once the forfeiture process is complete, the law enforcement agency making the arrest may keep the vehicle for its own use. But, the loan or lease against the vehicle, if any, is protected. The lien holder may choose to sell the vehicle at a foreclosure sale or agree to a sale by the arresting agency. A proportionate share of the sale proceeds will be paid to the lender.
