If arrested for a second or subsequent DWI within the City of Albuquerque, the vehicle you were driving may be subject to seizure and forfeiture. Forfeiture is a legal proceeding where the City of Albuquerque will file suit, seeking to have the vehicle declared a nuisance. If the City succeeds in that suit, Title to the vehicle will be given to the City and the vehicle will be sold at auction.
How do I know if my vehicle will be forfeited?
If your vehicle is subject to forfeiture, you will be served with a "Notice of Vehicle Seizure."
How do I get my vehicle back?
The first step is to file a Request for Hearing with the City of Albuquerque Hearing Officer. The Request must be written, and requires payment of a $50.00 hearing fee. The fee must be in the form of a certified check or money order (no personal checks) and made payable to the "City of Albuquerque." You can hand deliver the request and payment to: Government Center, One Civic Plaza, 400 Marquette NW, 7th Floor, Room 7077 (Boards and Commissions), or mail it to: City Hearing Officer. P.O. Box 1293, Albuquerque, NM 87103.
My vehicle was seized while someone else was driving it. Can I get it back?
If your vehicle was seized by the City while someone else was driving it, you may be able to claim an innocent owner defense. If you are found to be an innocent owner, the vehicle will be returned to you.
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