DWI Vehicle Forfeiture in Minnesota: Can They Take My Car?

When a Vehicle Can Be Forfeited

Under Minnesota's DWI forfeiture law (Minn. Stat. § 169A.63), forfeiture is reserved for the most serious impaired-driving situations — not ordinary first offenses. A vehicle can be subject to forfeiture when the offense is:

• A first-degree (felony) DWI — generally a fourth offense within 10 years, or a DWI after a prior felony DWI or felony criminal vehicular operation; or
• A second-degree-level offense — most commonly a third DWI within 10 years, or a qualifying test-refusal situation with aggravating factors.

For forfeiture purposes, prior "offenses" can include both DWI convictions and alcohol-related license revocations from separate incidents. Only the specific vehicle used in the offense is subject to forfeiture.

The Ignition-Interlock Path to Keep Your Vehicle

One of the most important developments is that a forfeiture can be stayed — and the vehicle returned — if the driver enrolls in the ignition interlock program (Minn. Stat. § 169A.63, subd. 7a, and § 171.306) before the vehicle is forfeited, in the qualifying circumstances, or if the driver is accepted into a treatment court for impaired-driving offenders. An ignition interlock device requires a breath sample to start the vehicle and at intervals while driving.

Important conditions apply:

• The stay can be lifted (and the forfeiture can proceed) if the participant tampers with or bypasses the device, drives without the required device, picks up a new disqualifying violation, or drops out of / fails to complete the program.
• The forfeiting agency may require the owner to provide security — a bond or cash in the amount of the vehicle's value — to release the car; cash security is returned once the interlock requirement is satisfied.
• The specifics of release generally have to be negotiated with the forfeiting agency.

What this means for you: Enrolling in interlock isn't only a way to drive sooner — in a forfeiture case it can be the difference between losing the vehicle permanently and keeping it. This is a time-sensitive option worth evaluating immediately.

Innocent Owners — A Simpler Process Now

If someone other than the driver owns the vehicle and didn't know about (and couldn't reasonably have foreseen) the illegal use, they may have an innocent-owner claim. The reform made this far more accessible:

• An innocent owner can now challenge a forfeiture simply by giving written notice to the prosecuting authority — no longer required to start by filing a district-court action.
• Once notice is given, the burden shifts to the prosecutor to either return the vehicle or file a forfeiture action.
• If the prosecutor files an action, the court must hold a hearing within 30 days to address the innocent-owner claim.

This commonly arises when a vehicle is owned by a spouse, parent, or other family member, or is co-titled — situations the reform was designed to protect.

The Forfeiture Process and Deadlines

DWI forfeiture can proceed administratively or judicially, and strict deadlines control:

• After a seizure, there is a limited window (generally 60 days from service of the notice of seizure and intent to forfeit) to properly serve a demand to contest the forfeiture.
• This deadline is jurisdictional — missing it can permanently forfeit the right to contest, and it cannot simply be waived.
• A properly filed demand converts an administrative forfeiture into a judicial one, where the claim is litigated in court.

Because of how strict and short these deadlines are, getting advice immediately after a seizure is critical.

Special Situations

• Leases and security interests: A lender's or lessor's interest can be protected; a lease longer than 180 days is generally presumed to be a form of financing, which affects how the interest is treated.
• Insurance proceeds: If a vehicle subject to forfeiture is totaled in an accident during the offense, the insurance proceeds can themselves be subject to forfeiture — you can't avoid forfeiture by destroying the vehicle.
• Tribal jurisdiction: Forfeitures involving conduct on Indian reservations raise distinct jurisdictional questions.
• Relationship to "whiskey plates": Forfeiture is separate from license-plate impoundment, which can apply in a broader set of cases (see our DWI costs page).

Key Terms

• Designated offense: The serious DWI levels (first-degree, or a third within 10 years / qualifying refusal) that can trigger forfeiture.
• Innocent owner: An owner who didn't know of and couldn't reasonably foresee the illegal use — now able to challenge by written notice.
• Ignition interlock stay: A pause/return of the vehicle when the driver enters the interlock program.
• Demand: The filing that contests a forfeiture and converts it to a judicial action — subject to a strict 60-day deadline.
• Administrative vs. judicial forfeiture: The two tracks a forfeiture can follow.