About Vehicle Forfeiture

There are two types of vehicle forfeiture; Civil Forfeiture, and Criminal DUI Forfeiture. Florida law already permitted the civil forfeiture of property used in connection with a felony offense, such as the use of a motor vehicle during the commission of the sale or possession of controlled substances. Criminal DUI Forfeiture may be in play any time someone is arrested for a DUI offense, or if at the time of your arrest, your privilege to drive is already under suspension, cancellation, or revocation as a result of a prior DUI conviction.

While civil forfeiture proceedings only requires the state to show a "preponderance of the evidence" as the standard, in a Criminal DUI case the State must prove it's case "beyond a reasonable doubt."

Even if the individual is successfully acquitted in the Criminal DUI case, they may still find that they have been unsuccessful in civil forfeiture proceedings. Our law office will defend your legal rights in both Civil Forfeiture, and Criminal DUI Forfeiture.

Florida Statute Section 322.34(9)(a) provides:

Your vehicle is subject to seizure and forfeiture regarding a DUI if two conditions are met:

1.)  You are arrested for a DUI after January 1st, 2000; and

2.) If at the time of your arrest, your privilege to drive is already under suspension, cancellation, or revocation as a result of a prior DUI conviction.