If you have been caught driving while under the influence of alcohol or drugs, you may be facing a DWI charge. With this charge comes the possibility that the Texas county will take your car, among other serious consequences that can derail your life. Read on to understand the possibility of having your vehicle seized and how a seasoned McAllen, Texas DWI lawyer at the Law Offices of Angel Davila can assess your case and come up with possible defenses that can prevent this seizure from happening.
Will they take my car after a DWI in the state of Texas?
After receiving a DWI in the state of Texas, you may be subject to fines, jail time, a suspended driver’s license, mandatory community service, and mandatory DWI education and treatment programs. On top of this, regardless of whether it is your first, second, or third offense, you may have your car taken away.
The possibility of any of the above consequences depends largely on the circumstances of your case. But if the Texas county demands the forfeiture of your vehicle, the following events may play out:
- You will have a retention hearing.
- You will have to post a bond.
- The Texas county will file a summons and complaint regarding the seizure of your vehicle.
- You will have to follow various restrictions regarding what you can and cannot do with your vehicle until the prosecution of your case.
- Your attorney will be granted an adjournment by the county attorney once the summons and complaint are issued.
What defenses can I take to keep my car after a DWI?
There are several defenses you can take to keep your vehicle in your possession, but again, this depends largely on the circumstances of your case.
Nevertheless, a common defense that is taken is arguing that the car in question is the only car your family owns and that seizing it would impose an unnecessary and significant financial hardship. This hardship can be related to the fact that this would prevent you from commuting to work and earning money, or that this would force you to use your family funds to buy another car. With this stance, you must be able to obtain a sufficient amount of evidence to support it.
If this is the defense you choose, then you and your attorney will have to oppose the motion for summary judgment and instead ask if you can petition the court for relief from the forfeiture of your vehicle.
For more information on how you should go about this defense, it is in your best interest to retain the services of a competent Hildalgo County, Texas criminal defense lawyer today.
Contact Our Hidalgo County, Texas Firm
For quality legal defense for criminal convictions, family law matters, and estate planning matters, contact the Law Office of Angel Davila today.