Is my vehicle subject to forfeiture?
Minnesota DWI Attorney F.T. Sessoms responds:
The
following chart summarizes the cases in which the vehicle is subject to
forfeiture:
|
Chemical
Test
|
Prior
Record (Prior
means a previous DUI or alcohol related license revocation)
|
Vehicle
Forfeiture
|
|
.20
or more
|
With one prior within the past 10 years
|
Yes
|
Refusal |
With one prior within the past 10 years
|
Yes
|
.08
with child endangerment |
With one prior within the past 10 years
|
Yes
|
Refusal with child endangerment |
Without any priors
|
Yes
|
.08
|
With two or more priors within the past 10 years
|
Yes
|
.08
or refusal |
With a "B" card or driving
drunk while license has been
previously cancelled as "inimical
to public safety".
|
Yes
|
All
forfeitures should be challenged as the statute suffers from a number of constitutional
infirmmities.
« Back
|