Yes.
First of all, vehicles can be forfeited for a number of non-DWI-related crimes, but that’s a subject for another time. Under the Minnesota DWI forfeiture statute, a motor vehicle is subject to forfeiture if used in the commission of a designated DWI offense, which requires a conviction, or was used in conduct resulting in a designated-license revocation. There are three (albeit rare) scenarios under the DWI forfeiture statute where a vehicle could conceivably be forfeited if someone was not driving drunk.
- Scenario 1: Someone could have their car forfeited if drunk, but not driving. One could be convicted of a designated offense for merely being in “physical control” of a motor vehicle, but not necessarily driving, while under the influence of alcohol or with an alcohol concentration level of .08 or more as measured within two hours. Sitting in a vehicle with the engine running in one’s driveway, even though not driving, constitutes being in “physical control” of the vehicle.
- Scenario 2: Someone could have their car forfeited if driving, but not drunk on alcohol. A defendant could be convicted of a designated offense for driving a motor vehicle while under the influence of some substance other than alcohol. For example, this could be a controlled substance or a hazardous substance that affects the nervous system, brain, or muscles that substantially impairs one’s ability to drive or operate the motor vehicle.
- Scenario 3: Someone could have their car forfeited if driving, but not drunk at all. Although incredibly rare, but possible, a defendant could be convicted of a designated offense or incur a designated license revocation after being legally arrested for a DWI but refusing chemical testing. Why anyone would refuse a test if sober is a separate issue.
These three scenarios do not mean all hope is lost and that the state will keep these vehicles. These scenarios are very challengeable. Furthermore, it’s usually possible to attempt to negotiate a buy-back of a forfeited vehicle with the prosecuting authority.