While there are small modifications made each year to our laws here in Minnesota, this year comes with some more impactful changes. The changes themselves might appear small, but their impact on individuals charged with DWI are huge. While this blog specifically addresses the changes made regarding vehicle forfeitures, you can read about other impactful DWI law changes on our website.
Forfeiture Eligibility
As of January 1, 2022, the DWI offenses that trigger vehicle forfeiture will be greatly reduced. After the first of the year, there will only be two circumstances under which an individual charged with DWI will be eligible for vehicle forfeiture:
- Individual has been charged with felony-level first degree DWI.
- Individual charged with DWI that has two prior DWI offenses within 10 years.
Security Deposit/Bond
In 2019, DWI forfeiture law was changed to include a provision that allowed individuals to get their seized vehicle back if they enrolled in ignition interlock and used the seized vehicle for the program. Additionally, the statute allowed law enforcement agencies to require a security deposit or bond worth the value of the vehicle before it would be released.
NOW, individuals will not be required to pay a deposit or bond, but instead must provide law enforcement with the physical title to the vehicle. Law enforcement will hold onto the title until the individual completes the ignition interlock program.
Additionally, there is another change that relates only to individuals charged with first degree DWI. The change requires individuals charged with first degree DWI to participate in DWI Court or a Drug Court program if they wish to get their seized vehicle returned. The major drawback this change has is that not every county in Minnesota has a DWI or Drug Court program. As a result, some individuals charged with first degree DWI will have no opportunity to get their seized vehicle back unless they are successful in challenging the forfeiture in court.