Unfortunately, the innocent vehicle owner does not have an immediate right to their vehicle. The owner must challenge the forfeiture in court and prove that the he or she was innocent through clear and convincing evidence – unless the police officer agrees to return the vehicle to the innocent owner from the beginning. If not, then the innocent vehicle owner must bear the burden of proof that he or she was not involved in the crime and did not know that the family member or friend was acting illegally at the time of the suspected DWI incident.
If the owner is successful at proving their innocence to the judge, then the vehicle may be returned – even if the driver is convicted of DWI. If not, then the state is entitled to keep the vehicle and sell it at an auction.
It must be noted that if the alleged DWI offender is a friend or relative with at least three prior DWI convictions, then it is assumed that the owner knows that any vehicle use by the offender is against the law, regardless of the circumstances. In such a case, the owner must be able to prove that reasonable steps were taken to prevent the offender from using the vehicle.
In the case of a vehicle with joint owners (such as husband and wife) the innocent vehicle owner cannot use the innocent owner defense.
Drug-Related Vehicle Forfeitures
In cases involving controlled substances, vehicles and other properties may also be seized, as the law involving DWIs is rather similar. A different set of statutes, however, applies to forfeitures involving controlled substances, and so it would be best to consult with a knowledgeable criminal defense attorney.