Montana law allows a court to order a vehicle seized and forfeited after a second or later DUI conviction. It is not automatic. Forfeiture is one of three measures the court must choose from, and the statute protects common carriers, lienholders, and owners who were not at fault. This page explains when it applies and what an owner can do. It is part of our Montana DUI Guide.
When Forfeiture Is on the Table
MCA § 61-8-1010(2) applies on:
- a second or subsequent conviction for DUI, including an aggravated DUI or a similar offense in another state; or
- a second or subsequent conviction for driving while suspended or revoked under MCA § 61-5-212, when the suspension was for a DUI conviction or a test refusal.
In those cases the court "shall" do one of three things: require the 24/7 Sobriety Program or another court-approved testing program; restrict the person to a vehicle with an ignition interlockif it recommends a probationary license; or "order that each motor vehicle owned by the person at the time of the offense be seized and subjected to the forfeiture procedure."
Two points in that wording matter. The order is tied to vehicles owned by the person, not simply the vehicle that was driven. And ownership is measured at the time of the offense, not at sentencing.
The Timeline After a Forfeiture Order
| Step | What happens | MCA |
|---|---|---|
| Conviction for a second or later DUI | The court chooses a testing program, an interlock restriction, or forfeiture of each vehicle the person owned at the time of the offense. | § 61-8-1010(2) |
| Within 10 days after the conviction | If forfeiture is ordered, the arresting agency must seize the vehicle. | § 61-8-1033(1) |
| Within 20 days after the seizure | The arresting agency must institute forfeiture proceedings. | § 61-8-1033(2) |
| Hearing | The court decides whether the vehicle is forfeited, after notice to everyone known to have an interest in it. | § 44-12-210 |
| Disposition | The vehicle is released, returned to a lienholder, sold at public auction, or kept by the agency for official use. | §§ 44-12-212, 61-8-1033(3) |
The DUI forfeiture section borrows Montana's general criminal forfeiture procedure in Title 44, chapter 12, part 2, which applies "to the extent applicable" except where the DUI section says otherwise (MCA § 61-8-1033(1)).
What the State Must Show at the Hearing
Under the general procedure, a court may not order forfeiture unless the owner has been convicted of an offense that specifically provides for forfeiture, and the property has been found by clear and convincing evidence to have been used in connection with the offense (MCA § 44-12-207(1)). Everyone known to have an interest in the vehicle must be notified, by personal service if the address is known (MCA § 44-12-210(2)).
There is a real question about how those two statutes fit together. The DUI statute speaks of every vehicle the person owned. The general procedure speaks of property used in connection with the offense. The DUI section resolves the overlap only with the phrase "to the extent applicable." For a household with more than one vehicle, that is an issue to raise with your attorney before the hearing.
Vehicles the Statute Protects
MCA § 61-8-1010(2)(c) contains three protections of its own:
- Common carriers. A vehicle used as a common carrier in the transaction of business is not subject to forfeiture unless the owner or person in charge consented to or was privy to the violation.
- Vehicles taken unlawfully. A vehicle may not be forfeited for an act the owner establishes was committed by someone else while the vehicle was unlawfully in that person's possession.
- Lienholders. Forfeiture of a financed vehicle is subject to the secured party's interest if that party did not know and could not reasonably have known of the unlawful use.
An Owner's Rights
- Notice and a hearing. The forfeiture question is decided by the court, not by the agency that holds the vehicle.
- The innocent owner rule. Property of an innocent owner is not subject to forfeiture under the general procedure. A person qualifies by establishing a legal right, title, or interest, where the State cannot prove by clear and convincing evidence that the person had actual knowledge of the crime (MCA § 44-12-211).
- Return without sale. The DUI section adds that the court may return a vehicle, without a sale, to an owner who cannot present an adequate defense but is found by the court to be without fault (MCA § 61-8-1033(4)).
- Release if the State falls short. If the requirements are not established, the court must order the property released to the owner of record as of the date of seizure (MCA § 44-12-212(1)).
If the Vehicle Has a Loan
A lienholder that presents proper proof of its claim is paid first from any sale, up to the amount of its interest or the sale price, whichever is less. The remainder goes to the general fund of the arresting agency (MCA § 61-8-1033(3)(a)). If the amount owed is equal to or greater than the vehicle's estimated value, the lienholder may petition the sentencing court for transfer of title to itself (§ 61-8-1033(3)(b)).
None of this cancels the loan. What you still owe after a forfeiture is governed by your contract with the lender.
Arguing for a Different Measure
Because the statute gives three options, forfeiture is something a defense can address directly at sentencing. Courts are asked to pick among them, and a concrete plan for the alternative helps: enrollment in a testing program, an interlock provider lined up, and proof of who else depends on the vehicle. Our pages on second and third DUI and the sentencing hearing explain how those decisions are made. No outcome can be promised, and practice varies by court.
If you were arrested and your car was towed, that is a different process with different costs. The statutory fines and fees are covered in what a DUI costs.
This page explains Montana law in general as of the 2025 Montana Code Annotated. It is not legal advice about your specific case.