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 Can my vehicle be seized from a DUI?

Posted by John Callahan | Dec 16, 2018 | 0 Comments

Yes. A person who is arrested for DUI can have their vehicle seized, even on the first offense.

If a defendant's driving privileges are suspended or revoked by the Secretary of State, the defendant's vehicle can be seized and subjected to forfeiture as follows:

  • When the offender's driver's license is revoked for a DUI conviction (625 ILCS 5/6-205(a)(2)).
  • When the person's license is suspended for a statutory summary suspension (625 ILCS 5/11-501.1).      
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The motorist's vehicle can also be seized for reasons related to prior reckless homicide or accidents causing injury or death:

  • Even though the offender's license was valid, he was previously convicted of reckless homicide in Illinois or another state and intoxication by alcohol or drugs was an element of the offense.
  • Even though the person's license was valid, the driver has a prior conviction for DUI and in the present case, was involved in a motor vehicle accident causing death, great bodily harm, or permanent disability or disfigurement to another, when the violation was a proximate cause of the death or injuries.

If the arrest is the offender's third offense of DUI, then the vehicle can also be seized.                         

Even where the defendant's driving privileges have not been suspended or revoked by the Secretary of State, the vehicle can be seized if the person does not have a valid license.

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For example, the vehicle is subject to forfeiture if the person committed the violation while he did not possess any of the following:

  • Driver's license
  • Permit
  • Restricted Driving Permit
  • Monitoring Device Driving Permit

About the Author

John Callahan

You never get a second chance to make a first impression. You may also never get a second chance to preserve your freedom if faced with criminal or DUI charges. If you are currently facing criminal charges, contact the law offices of John W. Callahan to protect you, your rights and your freedom. ...

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