What to do if my boyfriend was arrested for A DUI but they will not release the car which is in my name?

UPDATED: May 27, 2014

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What to do if my boyfriend was arrested for A DUI but they will not release the car which is in my name?

It was not involved in an accident. I bailed him out but was not even present when the arrest occurred. Now they are asking how much is owed on the car, which will depend if they seize the car or not. What should I do or not do?

Asked on May 27, 2014 under Criminal Law, Illinois


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

What you need to do is to go and speak with an attorney who handles DUI forfeitures and file a petition against the state to get the vehicle back.  If you are the actual owner - or an "innocent owner" under the case law that has come down - you have a good chance of beating the forfeiture statute.  Good luck.

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