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What is DUI Vehicle Forfeiture in Florida?

Posted on : September 18, 2018, By:  Steve Taylor

If you’ve been accused of a DUI in Florida, you will already know that the stakes are high and that it was on you to retain a criminal defense attorney as soon as possible. Fail to get an experienced criminal defense lawyer on your side and the consequences of your DUI can stack up very quickly, making it more difficult for you to get back to the way things were prior to the arrest.

Your vehicle could be subject to forfeiture and seizure if two different conditions are met, including being arrested for a DUI after January 1st, 2000 and if your privilege to drive was already under suspension at the time of the arrest or under cancellation or revocation due to a previous DUI conviction. Florida law previously permitted the civil forfeiture of property using connection with a felony offense. Many people are surprised to learn after being arrested for a crime that civil forfeiture proceedings only required with the state overcoming preponderance of the evidence standard. This is a much lower burden than what is required in a separate DUI prosecution.

Criminal defense attorneys in Florida should be ready to challenge the law in Florida on multiple fronts. If you are facing a DUI charge and you believe that your vehicle may be subject to forfeiture, you need to be prepared to schedule a consultation directly with an experienced criminal defense attorney. Only a DUI lawyer can tell you about the specifics of the charges you are facing and what you must do in order to protect your freedom now and well into the future.