What happens to your car after a DWI arrest depends on:
- the circumstances of your arrest,
- whether it is legally parked where you were stopped,
- whether the vehicle was registered to you, and
- whether this is a repeat offense.
Your vehicle is typically towed and impounded from the scene since you are not able to legally continue driving it. Towing and storage fees accrue daily and are paid by whoever picks up the car — regardless of the outcome of the criminal case.
If your license has been administratively revoked, you may need someone else to drive the vehicle away from the impound lot. Although under normal circumstances, most drivers wil receive a 14-day temporary license when they are released from custody.
A DWI also affects how you're permitted to use your vehicle going forward. Many drivers become eligible to regain restricted driving privileges only by enrolling in Minnesota's Ignition Interlock Program, which requires:
- installing a state-approved interlock device in any vehicle you drive,
- paying installation and ongoing monitoring fees, and
- submitting a breath sample before the vehicle will start and throughout each trip.
Driving a vehicle without a required interlock device — including a vehicle that isn't yours — will result in additional criminal charges.
Can my vehicle be taken away?
In certain DWI circumstances, Minnesota law allows the state to seize and forfeit a vehicle — separate from any criminal penalty.
Forfeiture is most commonly triggered when:
- You are convicted of (or plead guilty to) a felony-level DWI
- You have two qualifying prior DWI-related incidents within the past 10 years
- The vehicle was used in a DWI incident involving a death or serious injury
If you were driving a vehicle owned by someone else — a spouse, family member, or employer — forfeiture law includes some protections for innocent owners. However, these protections are not automatic. The owner typically must file a claim and assert they did not know, and had no reason to know, that the vehicle would be used in connection with a DWI.
Is a lawyer necessary?
Both vehicle forfeiture and license reinstatement are civil processes, separate from your criminal case. You only have a limited amount of time to challenge either — so it’s important to contact a private DWI defense attorney as soon as possible to protect your vehicle and your driving privileges after a DWI arrest. Public defenders in Minnesota are not permitted to file the civil court challenges needed to preserve your property rights.