Illinois law states that if you are arrested for DUI at a time when your license is suspended due to a prior DUI, the State’s Attorney of the county in which the arrest took place can bring a civil forfeiture proceeding to seize your vehicle. If successful, the vehicle can be sold and the county will get the proceeds. The State only has to prove “by a preponderance of the evidence” (more likely than not) that the vehicle was used in the commission of the offense (the new DUI charge you received). This burden of proof standard is less than the standard required in criminal matters as the forfeiture proceeding is technically a civil matter.
I recently was able to help a gentleman retain his vehicle after he found himself faced with the scenario described above. I can’t guarantee the same result in your case but if you find yourself in the same situation or have a different criminal or traffic matter that you need help with, please contact Zach Pashea at the Law Office of Keith Short. 618-254-0055