Do I have to surrender my car to the police if my wife refused to take a breath test? 1 Answers as of July 05, 2011My wife was taken in to jail for a DWI, but the officer allowed me to take the car home. Later he called and ask me to surrender my car because she refused the breath test. Do I need to do this?
Beaulier Law Office | Maury Beaulier
A forfeiture action requires that the vehicle owner knew or had reason to know that the vehicle would be used to commit a crime. If you were unaware of your wife's intentions and, she had a valid license, you have a defense.
Answer Applies to: Minnesota