Under certain circumstances, a vehicle may be subject to forfeiture by the state along with a DWI.
There is a presumption of forfeiture under the following circumstances: (1) if the driver is convicted of the designated offense upon which the forfeiture is based; (2) the driver fails to appear for a scheduled court appearance for the designated offense charged (and fails to voluntarily surrender within 48 hours after the time required for appearance); or (3) if the driver’s conduct results in a designated license revocation and (a) the driver fails to seek judicial review of the revocation in a timely manner as required by section 169A.53, subdivision 2, (petition for judicial review), or (b) the license revocation is judicially reviewed and sustained under section 169A.53, subdivision 2. Minn. Stat. § 169A.63 subd. 7(a).
The claimant (driver/owner) must prove any affirmative defense. Minn. Stat. § 169A.63 subd. 9(e).
Affirmative Defenses
It is an affirmative defense to the forfeiture if the owner of the motor vehicle can show by clear and convincing evidence there was no actual or constructive knowledge that the vehicle would be used “contrary to law” (no valid driver’s license, no proof of insurance, DWI, underage drinking and driving, open bottle, or a violation of driver’s license restriction) OR if the owner took reasonable steps to prevent the use. Minn. Stat. § 169A.63 subd. 7(d). However, a family or household member is presumed to know of the use “contrary to law” if the offender/driver has three or more impaired driving convictions. Id. If lawful ownership of the vehicle is established and the owner demonstrates an affirmative defense, the vehicle must be returned immediately. Minn. Stat. § 169A.63 subd. 9(g). If the court orders the return of the vehicle, the court must order reimbursement for filing fees and may order sanctions pursuant to Minn. Stat. § 549.211 (sanctions for “loss of use” of the vehicle). Minn. Stat. § 169A.63 subd. 9(h).
What Happens to Vehicles Forfeited to the State?
Once a vehicle is forfeited, the police can keep it for official use and “shall make reasonable efforts to ensure that the motor vehicle is available for use by the agency’s officers who participate in [D.A.R.E.]” Minn. Stat. § 169A.63 subd. 10. Officers can also sell the vehicle. After a sale, 70% of the proceeds go to the agency for operating a fund similar to D.A.R.E, DWI enforcement, training, and education. 30% of the proceeds go to the prosecuting authority to supplement its operating fund. Minn. Stat. § 169A.63 subd. 10.