New Utah DUI Laws: Forfeiture of Vehicle

 The new laws now allow seizure and forfeiture of your car.  If you have been convicted of certain crimes, the government can take ownership of your car away.  If you are driving on a suspended license, and your license was suspended because of a DUI or DUI Metabolite, then the government can take your vehicle away and never give it back.  The following outlines the new law.

Forfeiture of Car
41-6a-527
 

(4) A motor vehicle is subject to criminal or civil forfeiture under the procedures and substantive protections established in Title 24, Chapter 1, Utah Uniform Forfeiture Procedures Act, upon a finding by the court that:

(a) the motor vehicle was used in a violation of Section 41-6a-502, 41-6a-517, a local ordinance which complies with the requirements of Subsection 41-6a-510(1), Subsection 58-37-8(2)(g), or Section 76-5-207;

(b) the operator of the vehicle has previously been convicted of a violation committed after May 12, 2009, of:
(i) a felony driving under the influence violation under Section 41-6a-502;
(ii) a felony violation of Subsection 58-37-8(2)(g); or
(iii) automobile homicide under Section 76-5-207;
(c) the operator of the vehicle was driving on a denied, suspended, revoked, or disqualified license; and
(d) (i) the denial, suspension, revocation, or disqualification under Subsection (4)(c) was imposed because of a violation of:
      (A) Section 41-6a-502;
      (B) Section 41-6a-517;
      (C) a local ordinance which complies with the requirements of Subsection 41-6a-510(1);
      (D) Section 41-6a-520;
      (E) Subsection 58-37-8(2)(g);
      (F) Section 76-5-207; or
      (G) a criminal prohibition that the person was charged with violating as a result of a plea bargain after having been originally charged with violating one or more of the sections or ordinances described in Subsections (4)(d)(i)(A) through (F); or
(ii) (A) the denial, suspension, revocation, or disqualification described in Subsection (4)(c) is an extension imposed under Subsection 53-3-220(2) of a denial, suspension, revocation, or disqualification; and
(B) the original denial, suspension, revocation, or disqualification was imposed because of a violation described in Subsection (4)(d)(i)(A) through (G).

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Posted in Utah DUI Laws

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