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According to the NHTSB, DWI and DUI checkpoints have saved countless lives and have brought thousands of drunken drivers to justice. And by inspecting driver’s licenses, police often catch motorists driving unlawfully, typically without insurance. While checkpoints are frequently set up in minority neighborhoods, Law enforcement officials consistently claim that demographics do not play a role in determining where checkpoints are established.

However, the reality is that Sobriety checkpoints are generating tens of millions of dollars in revenue for most states. It is probably their biggest incentive to maintain and expand their programs. On one hand, they have evidence that the check points actually reduce the amount of intoxicated drivers that are on the road. Most studies suggest that the check points have become a sufficient deterrent to cause most drivers to seek alternative modes of transportations. On the other hand, it has had little to no effect on deterring repeat offenders. The majority of Court related studies suggest that the drivers who get caught driving while intoxicated or impaired as a second or subsequent offense most likely drove that way 100’s of times before they were caught by the police. As a result, states have increased the amount of funding awarded to towns in order to effectuate sobriety check points.

As a financial incentive for the police, almost every state has passed some kind of vehicle forfeiture law. These laws provide that if you are stopped by the police for either DUI or DWI, and convicted of the charge, the state will seize or legally gain title to your vehicle. Additionally, some state statutes provide that the police can seize any and all motor vehicles owned or operated by a person who is convicted of a DUI or DWI.

While sobriety check points work, factually, the Police are more likely to impound vehicles from unlicensed drivers than arrest a driver for a DUI or DWI related offense.

Most jurisdictions use two types of forfeiture procedures when seizing a vehicle. It usually involves a criminal case in addition to the civil case. Almost all forfeiture cases today are considered civil forfeiture cases. In civil forfeiture cases, the Government will sue the item of property, not necessarily the defendant in the criminal case. Once the government establishes probable cause that the property is subject to forfeiture, the burden shifts to any owner of record to prove on a “preponderance of the evidence” that the vehicle is not subject to the seizure laws. The owner need not be judged guilty of any crime. In contrast, criminal forfeiture is usually carried out in a sentence following a conviction and is a punitive act against the offender. Even for innocent defendants to defend the civil law suit to get back his vehicle or other items can be substantial. You will have to balance the cost of the items seized vs. the cost of fighting to get it back. Many people have reported that these civil forfeiture cases has cost in excess of $15,000 to get back their rightful property. And while some of these cases can take years, the asset typically diminishes in time in addition to incurring fees for storage or parking. All which must be paid before the vehicle can be returned.

If the vehicle seized has a prior lien, than any money raised upon the sale of that vehicle will first go to pay off a properly recorded lien holder. If you owe money on a vehicle that has been seized and auctioned, and the proceeds from the sale was insufficient to cover the cost owed on the vehicle, the lien holder will most likely sue you for the balance owned. Just because a vehicle is seized does not relieve you of your responsibility to pay off the debts associated with that asset.

Without a qualified attorney, the likelihood of getting back your vehicle or other asset is slim to none. Consider your options carefully.