DWI statute · North Carolina General Statutes, Chapter 20

G.S. 20-28.7. Responsibility of Division of Motor Vehicles

The full text of G.S. 20-28.7 (Responsibility of Division of Motor Vehicles), with plain-English commentary from North Carolina DWI defense attorneys Chris Adkins and Chris Purkey in the side column. Article 2: Uniform Driver’s License Act.

Attorney commentary

G.S. 20-28.7 is a one-sentence statute. It directs the Division of Motor Vehicles (DMV) to adopt rules for the “orderly seizure, forfeiture, sale, and transfer” of motor vehicles under G.S. 20-28.2, 20-28.3, 20-28.4, and 20-28.5. It does not create an offense, a penalty, or a right of its own. Its job is to make DMV the agency that writes the administrative procedures underneath North Carolina’s DWI vehicle-forfeiture law. The history note shows it was enacted in 1997 (S.L. 1997-379) and last amended in 1998 (S.L. 1998-182).

What it means in a DWI case

It matters only when a vehicle has been seized under the forfeiture statutes, usually because the driver was charged with an impaired driving offense while revoked for a prior impaired driving revocation, or while driving with no valid license and no insurance (G.S. 20-28.3(a)).
The seizure statute leans on DMV procedures. The seizing officer must notify DMV within 24 hours “in accordance with procedures established by the Division,” and DMV must mail written notice to non-driving owners and lienholders within 48 hours (G.S. 20-28.3(b), (b1)).
DMV records drive the process. An officer’s probable cause may rest on DMV records, and DMV must block any transfer of title to a seized vehicle unless a court authorizes it.
When a vehicle is sold, released to a lienholder, or turned over to an insurer, the title change runs through DMV, so the procedures adopted under this section govern how ownership moves.

Watch for

Compare the officer’s notice to DMV and DMV’s notices to owners and lienholders against the deadlines in G.S. 20-28.3. Document any gaps before a release petition or forfeiture hearing.
Get the DMV driving record the State relies on for the prior “impaired driving license revocation.” An error there goes to whether the vehicle could be seized at all.
Expect a title hold. An owner cannot sell or transfer a seized vehicle without a court order, so plan any sale or refinance around the court process.

Key cases

We have not verified a North Carolina appellate decision that construes G.S. 20-28.7 itself. Decisions applying the seizure and forfeiture scheme will be listed in the cases section below once each citation has been checked.

Commentary by Attorney Chris Adkins & Attorney Chris Purkey, Adkins & Purkey, PLLC · Reviewed November 2026 · General information, not legal advice.

§ 20-28.7. Responsibility of Division of Motor Vehicles.

The Division shall establish procedures by rule to provide for the orderly seizure, forfeiture, sale, and transfer of motor vehicles pursuant to the provisions of G.S. 20-28.2, 20-28.3, 20-28.4, and 20-28.5. (1997-379, s. 1.6; 1998-182, s. 7.)

Official text of N.C. Gen. Stat. § 20-28.7 as published by the North Carolina General Assembly (Chapter 20 PDF, retrieved November 10, 2026). Verify the current version on ncleg.gov ↗.

G.S. 20-28.7. Responsibility of Division of Motor Vehicles

§ 20-28.7. Responsibility of Division of Motor Vehicles.

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