The Government Wants Your Car...

You may not have heard about what are called forfeiture laws. They allow the police and the prosecution to take property from people accused of crimes — in some cases without a conviction.

Forfeiture comes up most often in DUI cases. If you are convicted of DUI and have two other DUIs within ten years, your car can be forfeited. In fact, it can be taken when you are arrested, before there is any conviction at all. And even if you win the criminal case, the charge is dismissed, it gets reduced, or a jury finds you not guilty, your car can still be taken.

Here's why: At the same time you are facing the DUI charge, the state brings a separate proceeding against you called an Implied Consent proceeding. In that case, the state asks that your license be suspended regardless of what happens with the criminal charges.

The implied consent case works very differently from a criminal case. You do not get a trial by jury. You do not get the legal presumption of innocence. All the state has to show is a preponderance of the evidence — just over half — that your license should be suspended. You also do not get an attorney appointed if you cannot afford one.

Most important: the suspension is automatic unless you take the initiative and file a challenge within 60 days of receiving notice that the state intends to suspend your license. If you do not fight the suspension, or you fight it and lose, and you have had two other license suspensions in the last three years, your car can be taken once the police give you a notice of forfeiture.

We all want to see drunk driving stop. But taking someone's car—which usually makes it impossible for them to get to work and take care of their basic needs—is a very questionable way to get there. Safety isn't really the issue anymore. We now have ignition interlock, an in-car breathalyzer that prevents someone from starting the vehicle if there is any alcohol on their breath.

There is one piece of good news. A recently passed law provides that if you sign up for interlock in time, you can prevent your car from being forfeited. If you are facing a forfeiture, you have options to keep your car but you need to move fast.