What has changed?
The previous forfeiture law was quite harsh, giving law enforcement considerable latitude in seizing vehicles, even those of innocent owners who may not have known that their vehicles were used to commit DWI.
With this new law, a DWI vehicle owner facing forfeiture has 60 days from the date of the incident to challenge the forfeiture in court. Then, if s/he does, in fact, challenge the forfeiture, the entire process would be stayed until the court case is finalized, thus giving the owner additional time to enroll in the IID program to get his/her vehicle back in a timelier manner.
Of primary importance is that the DWI defendant must be accepted into the IID program and be an active participant in said program before the forfeiture is finalized. If the driver violates the program, then the forfeiture action would proceed. Once the driver successfully completes the program, then the forfeiture action is dismissed in court.
Additional considerations
Granted, getting one’s vehicle back is not a walk in the park. In some cases, prosecutors may require the driver to post a bond of security for the retail value of the vehicle before s/he can begin using it with the IID. In other cases, the prosecution may require the driver remit towing, seizure, and storage costs before the vehicle is released.
Of course, in some cases, the individual may not have the ability to pay a security or bond or they may decide to let an older vehicle go; however, in most cases, by simply installing an IID in their vehicles, they have the option to get their vehicle—and even their driver’s licenses—back.
The bottom line
Because the vehicle owner has only 60 days from the date of forfeiture notice to challenge the forfeiture in court and get accepted into an IID program, it is imperative to seek legal advice as soon as possible to ensure the best possible outcome.
