2025 Session Last amended: 2025 session

§ 169A.63 — Vehicle Forfeiture

Plain-Language Summary

In the most serious DWI cases, the state can seize and permanently take ownership of the vehicle used in the offense. Vehicle forfeiture applies when a person commits first-degree (felony) DWI or commits a DWI within 10 years of two or more prior impaired driving incidents. Innocent owners and co-owners have the right to challenge the forfeiture.

Practical Notes
When this applies: When a person is charged with first-degree DWI or commits a DWI with two or more qualified prior incidents within 10 years, or when a license revocation results from similar circumstances. Who this affects: Owners of vehicles used in designated DWI offenses. Key points: The vehicle can be seized at the time of arrest. The state’s ownership interest technically vests at the time of the offense, not the conviction. Innocent co-owners and family members can challenge the forfeiture by filing an innocent owner claim within 60 days of the notice of seizure. Secured lenders with properly perfected liens retain their interest in the vehicle. The owner can post a bond equal to the vehicle’s retail value to get it back during proceedings. If forfeiture is completed, the vehicle is sold and proceeds go to the law enforcement agency.