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Can your car be seized for driving on a suspended license for a DUI even if this is your first time doing it?

Aurora, IL |

I was driving on a suspended license for a DUI and was pulled over I was arrested and my car was towed. They told me that I will not get my car back . Is this possible.

Attorney Answers 4


Yes, it is possible because driving drunk while your license was suspended is an element of aggravated DUI under the Illinois statute. The new law, signed by Governor Pat Quinn, allows police to seize and keep motor vehicles under aggravated DUI circumstances.

The recklessness of driving while drunk has taken thousands of lives in Illinois and injured and maimed tens of thousands of others. This new law is in place to keep drunks off the roads. If suspending a driver license does not keep a drunk off the road, then hopefully taking the drunk's car away will.

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Yes, the law allows this. However, it is not automatic, and you are entitled to challenge the seizure and forfeiture of the vehicle. Consider retaining the services of an attorney to defend both the suspended license case, as well as to challenge the forfeiture.

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Seizure of a vehicle is allowed even if you are only charged with driving on a suspended license with the basis you mentioned. You do not have to be charged with a new dui. There is still the opportunity to have the vehicle transfered to a spouse or family member rather than lose the vehicle completely.

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I have obtained a ruling from a DuPage County Judge declaring the forfeiture law to be unconstitutional. Feel free to contact my office at 630-665-8780.

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