Vehicle Seizure and Forfeiture for DUI in Knoxville

Get Personalized Representation - Call (865) 896-9779

If you are charged with a second or subsequent DUI offense, your vehicle may be subject to seizure by the Tennessee Department of Safety and forfeiture to the state. For the best chance of getting your vehicle back, you must act quickly to hire an experienced Knoxville vehicle seizure and forfeiture attorney to represent you. Robert R. Kurtz, Attorney at Law, has extensive experience in all types of DUI matters.

He can help you navigate the complex rules and regulations involved with vehicle seizure and aggressively defend you against DUI charges. Attorney Kurtz was named Top DUI Attorney in Knoxville by Cityview Magazine in 2011. He has been representing clients in DUI and other criminal defense matters for over a decade.

How Does Vehicle Seizure and Forfeiture Occur?

A second DUI offense must have occurred within 5 years of the first offense for a vehicle to be seized.

The seizure and forfeiture process occurs basically as follows:

• Seizure. The officer seizes the vehicle, gives a Notice of Property Seizure and Forfeiture of Conveyance form to the person in possession of the vehicle, and makes a reasonable attempt to determine and notify the owner of the vehicle.
• Warrant. The officer must apply to the judge for a forfeiture warrant within 5 day of seizure. If the judge issues the warrant, it goes to the Department of Safety, which sends notice of the forfeiture to the owners.
• Claims. Within 30 days after notice has been given, a written claim to the vehicle may filed with the Department of Safety. Within 30 days of receipt of any claim, the Department of Safety will set a date for a hearing on the forfeiture.
• Hearing, Sale, and Disposition. The hearing is held to determine whether the vehicle should be forfeited. If it is forfeited and the vehicle is sold at auction, the local government keeps 15% of the proceeds and sends the remaining 85% to the state treasury.

Attorney Kurtz is a knowledgeable Knoxville vehicle seizure and forfeiture defense lawyer with the skill and experience to protect your rights, challenge your vehicle forfeiture, and fight for the best possible results in your DUI matter.