Effective July 1, 2019, Minnesota’s DWI forfeiture laws have been amended to favor vehicle owners. The new law mandates return of the vehicle to its owner if the DWI violator becomes a participant in the ignition interlock program prior to finalization of the forfeiture.  Ordinarily, a forfeiture cannot be completed until at least 60 days transpire from the date of the incident because an owner has 60 days to file a judicial challenge to the forfeiture in court. In addition, if an owner challenges the forfeiture in court, the forfeiture is stayed until final disposition of the court case.  Challenging the forfeiture in court will give an owner additional time to get his or her vehicle back through the ignition interlock program.

You can read the new Subdivision 13 of the DWI forfeiture statute (169A.63) here or in PDF here.

This new law creates a viable pathway for an owner to get his or her vehicle back from law enforcement.  The catch is that the DWI violator has to be accepted as an active participant in the ignition interlock program before the forfeiture is finalized.

This law applies to all forfeitures that have not yet been finalized.  Importantly, and owner has only 60 days from the date of notice of forfeiture to challenge the forfeiture in court. Thus, a vehicle owner facing forfeiture should seek legal advice promptly regarding this new law.