Your Car Has Been Revoked for Aiding and Abetting a DWI. Now what?

This guide will focus on what to do if another person, who was pulled over and charged with Driving While Intoxicated (DWI), used your car to commit the offense while you were in the car with them.

1. How did you get here?

   You are probably in this situation because you tried to avoid drinking and driving and allowed someone who you thought was sober to drive you home using your car. Next thing you know your designated driver is pulled over and charged with DWI and your car is being impounded! Why is your car being impounded if you weren't the drunk driver? More often than not, the driver has a previous DWI conviction and is currently on a suspended license.

2. Where is my car?

   It has been towed to a local storage facility for short-term storage. If you are in the eastern part of North Carolina, it will shortly be transferred to Martin, Edwards & Associates, which is located in Linden NC.

3. Do I need a lawyer?

   I'm a lawyer, so of course I'm going to say "yes." Seriously though, each day your car is impounded equates to more storage fees (they are calculated daily) that you are going to have to pay to have it released eventually. It's very likely that it will cost you less to hire an attorney than it will be for you to fight this on your own. If you do want to represent yourself, I'm going to tell you how to do so here.

4. How do I get my car back?

   This is where it gets tricky. If the driver was on a revoked license for DWI, you are going to have to petition and prove to the clerk of court in your county that you are an "innocent owner" in order to have the car released to you. There are five ways that you can prove your innocence. You will find the form that you will need at the clerk's office, just ask for AOC-CR-330A. The clerk will either grant or deny your petition. If granted, simply take the form, along with any other items that it requires, to the storage facility, pay your costs, and be on your way with your car. If the clerk denies your petition, it is time to seriously begin to consider hiring an experienced attorney - the longer your car sits in storage, the more the eventual fee to have it released is going to be. Every day literally costs you money.