VEHICLE AND SEIZURE FORFIETURE tied to a DWI charge.

North Carolina law contains a provision authorizing law enforcement to seize a vehicle at the time of arrest for a repeat DWI offender whose license is currently revoked due to a previous impaired driving offense. If the person is convicted of both the DWI and driving while revoked, the vehicle is subject to forfeiture with the money received from the sale of the vehicle going to the public schools’ fund. The vehicle forfeiture associated with repeat DWI offenders serves as a significant enforcement tool. And officers now no longer need to wait for a conviction to physically seize the vehicle. However, there is a safety valve baked in for innocent owners. Owners who are not the driver may petition the court in a separate civil action to get the release of their vehicle, if they can prove no knowledge of the revocation of the impaired driver. This non-traditional penalty, i.e., forfeiting a vehicle, may influence plea decisions and defense strategies in these repeat DWI offender cases. Feel free to give us a call at 919-782-8115 for advice and representation if your vehicle has been seized by law enforcement subject to an DWI offense.