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DWI VEHICLE
SEIZURES
Look under
“new to website”
DPI Transportation Services
www.ncbussafety.org
History Lesson
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December 1, 1997: Vehicles seized if driver is
arrested for DWI and driving with a license
revoked for a DWI offense
Vehicles were taken to the LEA; LEAs were not
allowed to charge storage
LEAs were losing money for storing the vehicles
(fencing, security, etc.)
History Lesson

Spring, 1999 – Law changed:
– DPI Authorized to enter into a statewide contract for
towing / storing / selling seized vehicles.
– LEAs Authorized to collect storage fee (up to $10/day)
– Requirement: no LEA can lose money

DPI contracted with a 3rd party as indicated above
– All LEAs participated
– Some money was made; no money was lost
Current Status
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Contract with Martin Edwards and Associates in
Linden, NC for towing/storing/selling DWI
vehicles in the eastern part of the state
Contract with Eastway Towing in Charlotte for
towing/storing/selling DWI vehicles in the western
part of the state
Cleveland County Schools handles DWI vehicles
in Cleveland County
Sequence of events when a
vehicle is seized under North
Carolina’s DWI Law

Example: John Doe gets pulled
over by law enforcement after
driving recklessly and crossing
the centerline.
– The officer runs his driving record
and sees that the driver’s license is
revoked for a DWI or related
offense.
– John Doe fails all field tests for DWI
and the officer at the scene seizes
the vehicle under the DWI seizure
law.
Sequence of events, cont’d
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A Tow Company is called.
DPI Contractors are encouraged to have
subcontracts with local towing companies so that
the initial call from law enforcement goes to their
subcontractor
– (This is very important because if the call goes to a local
rotation wrecker, the contractor will likely pay a higher
towing/storage fee to get the vehicle, which will come
from the proceeds of the sale of the vehicle.)
Sequence of events, cont’d
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If no subcontract, rotation wrecker service is
called.
The subcontractor or rotation wrecker notifies the
contractor that they have a seized vehicle ready
for pickup.
In Cleveland County, one towing company gets
the initial call
Sequence of events, cont’d

The officer that seizes the vehicle has 24 hours to
notify DMV of the seizure.
– DMV puts a hold on the title of the vehicle, and within 48
hours sends notices of the seizure to registered
owner(s) and lienholder(s).
– A daily seizure report is generated by DMV. DPI
Contractors have access to this report to ensure that
they know of all seized vehicles for which they are
responsible.
– This report has the county of seizure, year, make,
model, VIN number, tag number, storage address,
storage telephone, owner address, defendant name,
seizure date of the vehicle.
Sequence of events, cont’d

DPI contractor sends a
car carrier to where the
vehicle is located
– Contractor pays the
initial tow and storage,
then transports the
vehicle to the storage
facility

Cleveland County:
Local tower brings
vehicle to the bus
garage
Sequence of events (cont’d.)
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The vehicle is held until it is released or is sold at
a public sale:
Released to lienholder or innocent owner upon
presenting a court order and payment of
towing/storage fees.
Forfeited vehicles - sold and proceeds pay off
towing/storage/sale with proceeds to the schools
Expedited Sales - Vehicles worth <$1,500 held 90
days, or vehicles with a towing/storage bill
reaching 85% of its value (tax value acc. to DMV)
Vehicle Sales - Process

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LEA obtains and completes DMV form ENF-261 notice of sale of motor vehicle – 20-day advance
notice to DMV.
Indicate on the ENF-261 in Section “E” that it is a
“Expedited Sale” and states the date in which it is
to be sold to the owner and lienholder. DMV will
then send out a notice to the owner(s) and
lienholder(s) that the vehicle will be sold and
what date.
DMV sends the LEA a form 265, serving as
approval to sell.
Vehicle Sales – Process (Cont’d)
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DMV sends a notice to the owner and lienholder
notice of the sale via first class mail to the
addresses stated in DMV STARS 10 days ahead.
Immediately prior to sale, check DMV STARS
system to ensure that title holds have not been
removed in order not to sell a DWI vehicle
inappropriately.
Auction Day – The highest bidder will receives
the DMV form 265 after paying for the vehicle(s)
to take to DMV to obtain a clear title.
Vehicle Status - 2010
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3,596 vehicles were impounded during this
reporting period, averaging over 69 vehicles per
week
717 vehicles were released to innocent owners or
lienholders upon payment of towing and storage
fees to Contractors. ($7170.00 going to the
General Fund).
771 vehicles remain impounded at contractors’
locations at the end of the reporting period.
71 vehicles were forfeited during this period;
Four (4) forfeited vehicles were retained by local
school boards for their own use.
Vehicle Sale Status

1,630 vehicles were sold at public sale for a total
of $1,972,600 or an average of $1,210 per vehicle.
– Contractors received $197,225 for towing and selling
fees, and $1,071,772 for storage fees. An additional
$16,300 going to the General Fund.
– Most vehicles sold to date have been sold under the
expedited sale provision. If the vehicles sold under the
expedited sales provisions are forfeited, local schools
systems will receive additional proceeds, including
those held by the clerk of court. If vehicles are sold as
forfeited vehicles, local school systems will receive
additional proceeds, including those held by the clerk of
court.
DWI PROGRESS
REPORT
DPI Transportation Services