Wednesday, May 7, 2014

Vehicle Seizure after a DWI Arrest

If you have been arrested for Driving While Impaired (DWI) in North Carolina, not only will you lose your license, but you could end up losing your vehicle as well. According to state legislature, vehicles are subject to seizure if the driver is arrested for DWI while his or her license is already revoked because of a prior DWI charge, or if he or she has no valid license and no liability insurance.

However, there is one upside to this predicament. A rarely cited provision of North Carolina law allows for an enhanced speedy trial in cases involving seizure, impounded or forfeited vehicles. Put simply, the provision mandates that you are entitled to a trial no later than 30 days after your vehicle has been seized, even if the officer’s next court date is later than that date.

If the authorities seize your vehicle after arresting you for DWI, you need to contact a lawyer immediately to ensure that your rights are protected and you will know every legal angle available to you. An experienced DWI lawyer can represent you during your hearing and fight to have your vehicle returned to you immediately. He may also contest the DWI charge for you and have it dismissed if circumstances relating to your arrest can be disputed.

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