Assessment of Impoundment and Forfeiture Laws for Drivers Convicted of DWI. Phase 1 Report: Review of State Laws and Their Application

Voas, Robert B. · 1992 · ROSA P / United States. National Highway Traffic Safety Administration

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Summary

This 1992 report by the National Public Services Research Institute, commissioned by the National Highway Traffic Safety Administration (NHTSA), addresses the persistent problem of illicit driving by individuals convicted of Driving While Impaired (DWI) whose licenses have been suspended. Research indicates that a significant portion of suspended offenders continue to drive, resulting in crashes and traffic citations during their suspension periods. Because police cannot determine license status without stopping a vehicle, and stops require probable cause, detecting these offenders is difficult. The study investigates whether laws targeting the offender’s vehicle or license plate—specifically through impoundment, forfeiture, or registration sanctions—can effectively deter this illicit driving. The Phase I study, conducted between April 1990 and March 1991, aimed to identify states with such laws, assess their application, identify implementation barriers, and determine if sufficient data existed for impact evaluation. Researchers reviewed statutes in 32 states, the Virgin Islands, and Portland, Oregon, supplemented by technical reports, telephone contacts with officials, and site visits. The analysis categorized sanctions into actions against vehicles (forfeiture, impoundment, immobilization) and actions against vehicle registrations (suspension, special plates, sticker programs). The findings reveal that while many jurisdictions have relevant laws, the application of vehicle impoundment and forfeiture is rare. These severe penalties are typically reserved for repeat offenders and are hindered by administrative difficulties, including high towing and storage costs, complex ownership verification, and excessive paperwork for law enforcement and courts. Furthermore, no state-wide data systems existed to track these sanctions, making impact evaluation impossible. In contrast, sanctions against vehicle tags were more frequently applied. Notably, Oregon and Washington’s “Zebra Sticker” programs, which involve police affixing stickers to license plates of suspended drivers, affected between 1,200 and 10,000 cases annually. These programs allow police to stop vehicles without probable cause to check license validity. The report concludes that criminal vehicle forfeiture laws are rarely used and should be avoided in favor of administrative impoundment or civil forfeiture. It recommends that legislation allow for seizure at the time of arrest rather than after conviction to ensure enforcement. To mitigate impacts on innocent family members, the authors suggest provisions for “family plates” or allowing vehicle return to non-offending owners upon payment of fees and execution of affidavits. Due to the lack of data on vehicle impoundment and the higher volume of cases in tag-based programs, the study identifies the Oregon and Washington sticker programs as the most viable candidates for Phase II impact evaluation to determine their effectiveness in reducing DWI recidivism and crashes.

Key finding

Vehicle impoundment and forfeiture are rarely applied to DWI offenders due to administrative difficulties and high costs, whereas sticker programs in Oregon and Washington affect between 1,200 and 10,000 cases per year.

Methodology

review

Provenance

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Topics

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• dui enforcement