When Can Your Car Be Seized Through Civil Asset Forfeiture in Virginia?

Virginia law allows the government to take your vehicle if it believes it was used to commit or facilitate certain crimes. This process, called civil asset forfeiture, can happen even if you haven’t been convicted. That means your car might be held—or even permanently taken—before your criminal case is resolved.

At the Wilson Law Firm, our experienced Manassas criminal defense lawyers understand what crimes can lead to your car being seized and how civil vehicle forfeiture works in Virginia. We also know how to fight back to protect your property and defend against the charges you face.

What Is Civil Asset Forfeiture in Virginia?

Civil asset forfeiture is a legal process where the government can seize property it claims is connected to criminal activity under Virginia Code § 19.2-386.34. Unlike criminal forfeiture, it’s not tied to a conviction. In civil cases, the property is “charged” with being involved in a crime, and the government must prove it was used illegally.

Vehicles are among the most commonly seized items, but cash, homes, and other property can also be seized. Here are some crimes where you could face a vehicle forfeiture in Virginia: 

• Drug distribution or trafficking
• Felony DUI offenses
• Prostitution-related charges
• Gun offenses 
• Illegal gambling
• White collar crimes like money laundering
• Transporting stolen property
• Exploitation of children

Virginia law allows forfeiture of a vehicle when it is considered an “instrumentality” of a crime. It must have been used to carry out or facilitate illegal conduct. It's important to note that your vehicle can be seized even if it wasn't directly involved in a crime. For example, if you lend your car to someone who uses it to sell drugs without your knowledge, it could still be forfeited.

When Can Your Car Be Seized for DUI in Virginia?

Not every drunk driving arrest will lead to a vehicle forfeiture in Virginia. However, the risk increases if:

• You are charged with felony DUI. This includes third or subsequent offenses within 10 years.
• Someone was seriously injured or killed. If you are charged with DUI involuntary manslaughter, DUI maiming, or a similar felony, your car may be seized. 
• Other crimes were involved. For example, if illegal drugs or firearms were in the vehicle during the DUI stop, the police could take your car.

The vehicle doesn’t have to be solely in your name to be seized. If you’re driving a family car or one that’s co-owned, the government may still try to take it. However, the other owner may have a legal right to contest the seizure.

How to Challenge a Vehicle Forfeiture in Virginia

Once your property is seized, you must prove that it wasn't involved in or derived from illegal activity. To challenge a vehicle forfeiture in Virginia, you must typically file a claim within a specific timeframe. Here are some defenses our skilled criminal defense lawyers may use to contest your car’s seizure: 

• Lack of probable cause. Law enforcement must have sufficient reason to believe your vehicle was connected to illegal activity. If they lacked probable cause, the seizure may be invalidated.
• Innocent owner. If you didn't know about or consent to your vehicle's use in a crime, you may be able to get it back by asserting an innocent owner defense.
• Disproportional punishment. In some cases, forfeiture may constitute an excessive fine in violation of your Eighth Amendment rights.
• Illegal search and seizure. Any evidence obtained may be suppressed if your vehicle was searched or seized in violation of your Fourth Amendment rights, which could invalidate the seizure.

In addition, our attorneys may be able to negotiate an agreement with the prosecutor to avoid forfeiture, such as:

• Buyback. You may be permitted to pay a fine to get your vehicle back.
• Settlement. If you have been charged with DUI, the government might agree to return your car if you take specific actions, such as installing an ignition interlock device.
• Relinquishment. If your vehicle has minimal value, you might be allowed to turn over the title instead of having formal forfeiture proceedings initiated.

Work With Our Experienced Manassas Criminal Defense Lawyers

Virginia's civil forfeiture laws are complicated. If your vehicle has been seized, it's crucial to act quickly and seek the guidance of our knowledgeable criminal defense lawyers. We can help you understand your options, fight for the return of your property, and mount a vigorous defense strategy to the charges you face so you achieve the best possible outcome in your criminal case.