DWI Vehicle Seizure
In North Carolina, NCGS 20-28.3 requires a law enforcement officer to seize a motor vehicle if the driver is charged with an impaired driving offense and at the time of the offense:
The law enforcement officer is required to seize the vehicle even if the driver does not own the vehicle! Thus, if you lend your vehicle to someone who is charged with DWI, and their license is revoked for DWI, your vehicle may be seized.
In North Carolina, NCGS 20-28.3 requires a law enforcement officer to seize a motor vehicle if the driver is charged with an impaired driving offense and at the time of the offense:
- The driver's license is already revoked for a prior impaired driving offense; OR
- The driver is not validly licensed and not covered by an automobile liability insurance policy.
The law enforcement officer is required to seize the vehicle even if the driver does not own the vehicle! Thus, if you lend your vehicle to someone who is charged with DWI, and their license is revoked for DWI, your vehicle may be seized.
Once the vehicle is seized, it will be towed to a local storage facility. The seizing officer must notify the DMV within 24 hours of the seizure. Once the DMV is notified of the seizure, if the owner was not the driver, DMV must notify the owner of the vehicle of the seizure within 48 hours. Based on certain factors, the court will either (1) release the vehicle back to the owner, (2) transfer the vehicle to the local school board, or, in some cases, (3) sell the vehicle before the driver's trial.
An innocent owner, who was not the driver at the time of the seizure, may be able to regain his or her vehicle if they are able to demonstrate their innocence. The innocent owner must complete form AOC-CR-330A and return it to the clerk. This form offers five ways to demonstrate innocence:
An owner who was not driving the vehicle when it was seized may also seek a temporary pre-trial release of the seized motor vehicle by posting a bond equal to the fair market value of the vehicle. This may be done by completing form AOC-CR-331A and returning it to the clerk with the posted bond amount.
If you were the driver and the owner of the vehicle seized, you may obtain the permanent release of the vehicle if you can demonstrate that, at the time of the seizure, your license was NOT revoked for a prior impaired driving offense. This may be done by completing form AOC-CR-333A and returning it to the clerk.
A lienholder of the seized vehicle may also apply to get the vehicle back under certain circumstances. Review and complete form AOC-CR-334A if this is applicable to you.
If the vehicle is returned, the owner is required to pay for the towing and storage costs. If the driver is convicted, the owner may request that the court require the driver to repay the owner for this amount.
If your vehicle has been seized pursuant to an impaired driving offense, you need to take action to have it returned as soon as possible. Any delay can (1) make it less likely that you will get your vehicle back, (2) lead to increased storage costs, and (3) increase the probability that your vehicle may be sold pretrial. If you have any questions or concerns about DWI vehicle seizures, or need legal assistance in getting your seized vehicle back, please contact Adkins Law. A DWI lawyer from Adkins Law will be happy to give you a free DWI consultation. Adkins Law offers DWI representation in Huntersville, Cornelius, Davidson, Charlotte, Mecklenburg County, Iredell County, Gaston County, Cabarrus County, and the Lake Norman area.
An innocent owner, who was not the driver at the time of the seizure, may be able to regain his or her vehicle if they are able to demonstrate their innocence. The innocent owner must complete form AOC-CR-330A and return it to the clerk. This form offers five ways to demonstrate innocence:
- You did not know and had no reason to to know that the driver's license was revoked, OR you did not know and had no reason to know that the driver did not have a valid license and did not have liability insurance.
- You knew that the driver's license was revoked, OR you knew that the driver did not have a valid license and did not have liability insurance, BUT the driver drove the vehicle without your permission and you have filed a police report for unauthorized use of the vehicle and you have agreed to prosecute the driver.
- You reported the motor vehicle as stolen.
- You are in the business of renting vehicles and either (i) the driver was not listed as an authorized driver on the rental contract, OR (ii) the driver was listed as an authorized driver on the rental contract, but you had no actual knowledge of the revocation of the driver's license at the time the contract was entered.
- You are in the business of leasing motor vehicles, you held legal title to the motor vehicle as a lessor at the time of seizure, AND you did not know the driver's license was revoked at the time you entered into the lease agreement with the driver.
An owner who was not driving the vehicle when it was seized may also seek a temporary pre-trial release of the seized motor vehicle by posting a bond equal to the fair market value of the vehicle. This may be done by completing form AOC-CR-331A and returning it to the clerk with the posted bond amount.
If you were the driver and the owner of the vehicle seized, you may obtain the permanent release of the vehicle if you can demonstrate that, at the time of the seizure, your license was NOT revoked for a prior impaired driving offense. This may be done by completing form AOC-CR-333A and returning it to the clerk.
A lienholder of the seized vehicle may also apply to get the vehicle back under certain circumstances. Review and complete form AOC-CR-334A if this is applicable to you.
If the vehicle is returned, the owner is required to pay for the towing and storage costs. If the driver is convicted, the owner may request that the court require the driver to repay the owner for this amount.
If your vehicle has been seized pursuant to an impaired driving offense, you need to take action to have it returned as soon as possible. Any delay can (1) make it less likely that you will get your vehicle back, (2) lead to increased storage costs, and (3) increase the probability that your vehicle may be sold pretrial. If you have any questions or concerns about DWI vehicle seizures, or need legal assistance in getting your seized vehicle back, please contact Adkins Law. A DWI lawyer from Adkins Law will be happy to give you a free DWI consultation. Adkins Law offers DWI representation in Huntersville, Cornelius, Davidson, Charlotte, Mecklenburg County, Iredell County, Gaston County, Cabarrus County, and the Lake Norman area.