Update of Vehicle Sanction Laws and Their Application: Volume II, Vehicle Sanctions Status by State

McKnight, A. Scott; Watson, Derrik E.; Voas, Robert B.; Fell, James C. · 2008 · ROSA P / United States. Department of Transportation. National Highway Traffic Safety Administration

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Summary

This report, sponsored by the National Highway Traffic Safety Administration (NHTSA) and conducted by the Pacific Institute for Research and Evaluation, addresses the persistent problem of driving while intoxicated (DWI) offenders continuing to drive illegally despite license suspensions. The study was motivated by evidence that repeat DWI offenders are four times more likely to be intoxicated in fatal crashes than drivers without prior convictions, and that traditional license suspensions are often ineffective due to limited enforcement resources and the difficulty of detecting unlicensed drivers. To mitigate illicit driving, many jurisdictions have enacted vehicle sanction laws targeting the vehicles owned by offenders. This report updates a 1992 NHTSA study, providing a comprehensive overview of vehicle sanction laws and their application across all 50 U.S. states as of December 2004, while also reviewing international practices and implementation barriers. The researchers collected data primarily from NHTSA’s Digest of State Alcohol-Safety Related Legislation, supplemented by reports from Mothers Against Drunk Driving and the Century Council. They conducted telephone and email interviews with state officials throughout 2004 to verify the existence, mandatory or discretionary nature, and administrative or judicial application of these laws. Vehicle sanctions were classified into six categories: alcohol ignition interlocks, vehicle impoundment, immobilization, forfeiture, license plate/registration actions, and special license plates. The study also contacted officials in nine other countries to assess the use of similar sanctions abroad. The findings reveal a significant expansion in vehicle sanction legislation since 1992. By 2004, all 50 states had enacted at least one vehicle sanction law, totaling 131 pieces of legislation. Alcohol ignition interlock laws were the most prevalent, enacted in 43 states, followed by vehicle forfeiture laws in 31 states. However, enforcement varied widely; while at least 51 of the 131 laws were used regularly, many remained underutilized. Internationally, vehicle sanctions other than interlocks were rarely used, with the exception of New Zealand’s comprehensive impoundment program. The report identifies significant barriers to implementation, including the high cost of interlocks, offender claims of non-ownership, title transfers to evade sanctions, and family hardship issues associated with impoundment or forfeiture. Additionally, storage costs for impounded vehicles often exceeded their value, and administrative implementation proved more effective than judicial processes. The study concludes that while vehicle sanctions have the potential to reduce recidivism, their effectiveness is hindered by implementation challenges and low participation rates. The authors recommend specific strategies to improve application, such as imposing mandatory electronic house arrest as an alternative to interlock installation to incentivize compliance, prohibiting vehicle title transfers following arrest, and using DWI fines to fund compliance monitoring. The report emphasizes that administrative application of sanctions, particularly when vehicles are seized at the time of arrest, yields better results than court-based delays. These findings provide a baseline for policymakers aiming to enhance the enforcement of vehicle sanctions to curb illicit driving by suspended offenders.

Key finding

All 50 U.S. states had enacted at least one vehicle sanction law by 2004, with alcohol ignition interlock laws being the most frequently reported type.

Methodology

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Provenance

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Topics

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• dui enforcement