For many businesses, the company vehicle is one of their most valuable assets. They may use it to transport clients, deliver goods, or serve as a mobile advertisement for the brand. But what happens when that vehicle ends up in the hands of an employee or even an owner who is charged with driving under the influence?
Unfortunately, things can get complicated fast. Suddenly, the vehicle is not just a piece of equipment. Now it is evidence, and you could lose custody of the vehicle.
Here is what happens when a business vehicle is seized after a DUI in South Carolina, along with the steps a company can take to protect itself.
South Carolina’s Rules on Vehicle Seizure and Forfeiture
Under South Carolina law, law enforcement can seize a vehicle involved in certain DUI-related offenses. Most of the time, it is only impounded temporarily. However, if the driver is convicted of a felony DUI, the state may pursue a forfeiture of the vehicle.
Whether the vehicle is impounded or not depends on a couple of situations, such as:
If the Business Owns the Vehicle
In cases where the vehicle is titled to your business, like delivery vans, a work truck, or a company car assigned to a manager, you could be tied into a criminal case.
But there is good news. South Carolina law recognizes the innocent owner defense. That means if you can show that your business did not know (and could not have reasonably known) that the vehicle would be used to commit a crime, you may be able to get it back.
For example:
- An employee takes the company van after hours without permission and gets arrested.
- A manager uses the company car for a personal errand, drinks at dinner, and drives home intoxicated.
In these situations, your lawyer can argue that your business did not consent to or benefit from the illegal use. Keep in mind that you will need to show proof, such as vehicle policy records, employment agreements, or GPS data, to show the company acted responsibly.
However, if the business turned a blind eye to risky behavior, such as allowing an employee with a known drinking problem to drive company vehicles, you may not be able to use that defense.
When the Business Owner Is the Driver
If you are the business owner and charged with DUI, that innocent owner defense goes out the window.
With that, you cannot separate yourself from your company vehicle, especially if your business is a sole proprietorship or single-member LLC. Under the law, you are the business. If the vehicle was used in connection with a DUI, it can be seized, just like any other personal vehicle.
To make matters worse, if this were a felony DUI involving injury or death, the odds of losing that vehicle permanently go up.
How to Get a Seized Vehicle Back in South Carolina
When a vehicle is seized after a DUI in South Carolina, you will need to know whether it was impounded temporarily or permanently forfeited. This can help you determine the next steps to take.
You may be able to contact the impound lot where the vehicle is being held. Make sure to ask for details about the location, towing, and storage fees. You will need to provide documents for the release, including proof of ownership, registration, and a valid driver’s license.
Paying these storage fees can prevent additional charges from piling up while you work on recovering the vehicle. This is the time to file an innocent owner claim. In South Carolina, these claims need to be filed within 30 days of receiving notice of the seizure.
After filing the claim, a hearing is scheduled. At the hearing, you present your evidence while the state may argue for forfeiture. The judge then decides whether the vehicle will be returned or permanently taken.
Since the process can be complicated, you may want to reach out to an experienced lawyer in DUI or vehicle forfeiture cases. They can make sure your paperwork is filed correctly, present evidence, and make sure deadlines are not missed.
Get Help for Your DUI-Related Vehicle Seizure
When a business vehicle is seized after a DUI in South Carolina, the answer to “Who loses the asset?” will depend on who is at fault. Sometimes, innocent business owners can make a claim to recover the vehicle.
Whether you have been arrested in your personal or company vehicle, you will want to have experienced legal help by your side. At Truslow & Truslow PA, we are ready to assist with your case. Schedule a consultation to learn about your legal options.