Based on the information you have provided, your vehicle would be subject to forfeiture pursuant to 720 ILCS 5/36-1 (f)(3) which states that "Any vessel or watercraft, vehicle or aircraft used with the knowledge and consent of the owner in the commission of...a violation of driving under the influence of alcohol or other drug or drugs, intoxicating compound or compounds or any combination thereof under Section 11-501 of the Illinois Vehicle Code or a similar provision for the third or subsequent time"
You need to get an attorney for not only the pending criminal charge against you (which is not eligible for probation pursuant to 625 ILCS 5/11-501 (d)(2)(C)) but for the forfeiture as well. In light of the stakes involved, I would encourage you to do this at your earliest convenience. If you cannot afford an attorney, you will not be able to have court appointed counsel for the forfeiture, but you can ask for, and receive, a public defender for the Aggravated DUI.
Most likely, the State will be seeking to obtain ownership of the car to sell it at auction. To do so, they will have to file a complaint for asset forfeiture. If so, you should retain counsel to review your options for challenging the forfeiture. Other possibilities are that your car is being impounded, in which case, it will be released upon payment of impound fees and if you meet certain requirements; or it is being held as evidence, in which case it will be released to you at a later date. In any event, a fourth DUI is a felony and is not probationable, meaning that you are looking at a minimum of three years in prison, and depending on whether you have 2 or 3 convictions on your background, as opposed to supervision, your license will be revoked for either ten years or for a lifetime.
The State of Illinois can seize your vehicle for several reasons. One of which, is if you have been charged with a felony DUI. You can have a hearing to contest the seizure, but it is extremely difficult to prevail. The State has to establish that you are the owner of the vehicle and participated in the offense, and that the vehicle was used in commission of the offense. However, one way to recover your vehicle is of you can demonstrate a hardship as a result of the seizure, and that the hardship to you outweighs any benefit the State would have by seizing your vehicle. But, if you really wish to try to get your vehicle back, hire a lawyer who has experience in handling vehicle seizures.
Hello. You have not posted enough information here to comment on the seizure of your car. A law enforcement division of the State of Illinois has the authority to seize a vehicle for any number of reasons such as delinquent parking tickets, etc. You certainly need representation. The fact that you already have three prior DUI convictions is a serious matter. Hope my comments are helpful. You need to get representation immediately, if you have not already done so.
Alexander M. IvakhnenkoCriminal Defense AttorneyChicago, IL ·
I do not believe you would prevail on merits as your prior demonstrated conduct clearly shows danger to the public safety. Please consult with your counsel of record or retain one as you are facing possible incarceration. Have you considered consuming Coca Cola instead?