NC Form AOC-CR-323A is the Officer’s Affidavit for Seizure and Impoundment and Magistrate’s Order used in North Carolina impaired driving cases. It authorizes law enforcement to seize and impound the vehicle a defendant was driving at the time of a DWI offense under N.C.G.S. § 20-28.3.1North Carolina Judicial Branch. Officer’s Affidavit For Seizure And Impoundment And Magistrate’s Order – Impaired Driving If you received a copy after a DWI arrest, the arresting officer completed the affidavit and a magistrate signed the order. You did not sign it, and there is nothing on it for you to fill in.
What the Form Says and Who Signs It
The form has two parts. In the top half, the arresting officer swears under oath that there was probable cause to believe the defendant drove the described vehicle while committing an impaired driving offense, typically a violation of N.C.G.S. § 20-138.1 or N.C.G.S. § 20-138.5.2Justia. Officer’s Affidavit For Seizure And Impoundment And Magistrate’s Order The officer identifies the vehicle, the county, and the street or public vehicular area where the driving occurred.
The bottom half is the magistrate’s order. After reviewing the affidavit and any additional sworn information, the magistrate decides whether the requirements of N.C.G.S. § 20-28.3 have been met. If they have, the order directs any officer with authority and jurisdiction to seize the vehicle and hold it pending further orders of the court.2Justia. Officer’s Affidavit For Seizure And Impoundment And Magistrate’s Order If the magistrate finds the requirements are not met, the vehicle is not impounded.
When Officers Use It
This form is not used for every DWI arrest. N.C.G.S. § 20-28.3 sets specific conditions, and the common ones are repeat DWI offenders and drivers whose licenses were already revoked for a prior impaired driving conviction at the time of the new offense. The seizure runs against the vehicle itself, and impoundment continues until the court says otherwise.
A first-offense DWI with no prior revocations often will not trigger seizure under § 20-28.3. If your car was towed to a private lot under standard procedures rather than court-ordered impoundment, that is a different process with different paperwork, not AOC-CR-323A.
What Happens to Your Vehicle Now
Once the magistrate signs the form, the vehicle is held by law enforcement or at a designated impound facility. You cannot go pick it up. A later court hearing will decide whether it is returned, held through the case, or subject to a longer hold based on the outcome of the criminal charges. Storage fees accumulate every day the vehicle sits, and those costs generally fall on the owner regardless of how the criminal case ends.
Getting the Vehicle Released
Talk to a defense attorney quickly. Counsel can file a motion asking the court to release the vehicle, particularly if continued impoundment causes undue hardship or if the vehicle belongs to someone other than the defendant. The court keeps discretion over the vehicle until the impaired driving charges are resolved.
If you own the vehicle but were not the driver, you can petition the court to release it. You will need to show that you are the registered owner and that you did not consent to the impaired driving offense. Bring your registration and title when you file at the clerk’s office.
Where to Get a Copy
The blank form is posted as a PDF on the North Carolina Judicial Branch website in the forms catalog.1North Carolina Judicial Branch. Officer’s Affidavit For Seizure And Impoundment And Magistrate’s Order – Impaired Driving For the completed copy from your case, ask the Clerk of Superior Court in the county where the case was filed. The clerk can pull it from the case file for you or your attorney.
Not the Firearm Form
AOC-CR-323A is sometimes described online as a firearm seizure form. It is not. North Carolina uses AOC-CR-218 for firearm disposition, operating under N.C.G.S. § 15-11.1(b1) and N.C.G.S. § 14-269.1.3North Carolina Judicial Branch. Petition And Order Disposing Of Firearm Upon Prosecutor’s Petition; Petition And Order Disposing Of Deadly Weapon Upon Conviction If you are dealing with a seized firearm rather than a seized vehicle, you need AOC-CR-218.