Can my Vehicle be Seized for DUI in Illinois?

In addition to losing driving privileges and facing potential jail time, DUI offenders in Illinois may also have their vehicle seized through a procedure known as civil forfeiture.

Under Illinois law (see 720 ILCS 5/36-1), any vehicle may be seized and impounded by a law enforcement agency if the vehicle was driven by someone who was under the influence of alcohol, drugs, and/or an intoxicating compound(s), with the knowledge and consent of the owner of the vehicle, and at the time of the offense one of the following is true:

  • the driver’s driving privileges were revoked or suspended for either:
    1. Driving Under the Influence of alcohol, drugs and/or an intoxicating compound(s), pursuant to section 11-501 and/or section 11-501.1 of the Illinois Vehicle Code;
    2. Leaving the Scene of a Motor Vehicle Accident which involved death or personal injuries pursuant to section 11-401 of the Illinois Vehicle Code; or
    3. Reckless Homicide
  • the driver had been previously convicted of:
    1. Reckless Homicide in which the person was determined to have been under the influence of alcohol, drugs, or intoxicating compounds; or
    2. Driving Under the Influence of alcohol, drugs, and/or intoxicating compound(s) and was involved in a motor vehicle accident that resulted in death, great bodily harm, or permanent disability or disfigurement to another, when the violation was a proximate cause of the death or injuries
  • the driver had been found guilty of Driving Under the Influence of Alcohol, drugs, and/or an intoxicating compound(s) on at least 2 prior occasions—making the current offense the driver’s 3rd or subsequent offense;
  • the driver did not have valid driving privileges at the time of the offense
  • the driver knew or should have known that the vehicle driven at the time of the offense was not covered by a valid liability insurance policy

If your car has been seized following an arrest for driving under the influence, we strongly recommend that you discuss your options with an attorney. Feel free to contact the DUI defense lawyers at The Davis Law Group, P.C. by calling (847) 390-8500 or get in touch with us via our contact page.

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