Your Car and DUI Law
If you get arrested for drunk driving, you may wonder what will become of your car. The police officer will bring you in for questioning, further blood alcohol testing and possibly to hold you until your court date. Your car may not be left for your friend to pick up. Minnesota DUI law covers what will happen to your car.
First, your license plates will be impounded if you have any aggravating factors. These factors are similar to those used to figure the degree a of DUI offense. One is having a prior DUI conviction within the last ten years. Another is a blood alcohol level of 0.20 percent or more.
Also, another aggravating factor is having a child in the car with you at the time of your arrest. This could be anyone under the age of 16. If you have had your driver’s license cancelled because you are considered a threat to public safety that is another factor. For any of these factors, DUI law requires that your license plates be impounded.
If you do not own the car you are driving yourself, you can cause problems for other people. The vehicle used in the incident will have its license plates impounded, whether it belongs to the driver or not. Besides this, any other vehicle you own, lease, or have registered in your name or jointly can have its license plates impounded.
There are several cases where DUI law permits car owners to get specially coded license plates while their regular plates are impounded. These coded plates tell the police officer what the situation is with the regular plates.
You can get coded plates if you have a substitute driver who can take over driving responsibilities using your car. If someone in your family has a valid driver’s license that is fine, too. If you have been re-licensed, or if the owner is not the person who committed the crime, coded license plates are available.
Minnesota DUI law also makes a way for drunk drivers to lose their cars. This usually happens at the third offense, but under the wrong circumstances, even a first time offender may lose his or her car. The police officer will immediately take the vehicle and the prosecuting attorney will notify the car’s owner that the car is being seized. It will be forfeited unless the owner appeals and wins the right to get back the car.
Cars can be forfeited under Minnesota DUI law for a number of reasons. If the car was used in a drunk driving offense where the driver was convicted or did not show up for trial, it can be forfeited. If the owner of the vehicle knew nothing about the use of the vehicle that resulted in the crime, he will not lose his car.
Knowing Minnesota DUI law can help you take care of your car in some cases. There might be an instance where you need to make an appeal to stop the forfeiture of your car. You might need to go through the process of getting the specially coded license plates. No matter what your circumstances are, it is good information to know.