Westchester County Considers Vehicle Seizure for New York DWI

Suburban New York City county pushes for harsher drunk driving penalties.

A Westchester County legislator has sponsored a statute calling for seizure of vehicles owned by motorists convicted of driving while intoxicated in New York. The legislator claims a need for a stronger deterrent, saying that the rise in DWI arrests shows the existing penalties are not working. He said that, “we should make the lives of drunk drivers miserable.”

Suffolk and Nassau Counties have seizure statutes in place, and New York City has a policy not specific to drunk driving. Law enforcement agencies admit that seizures are difficult to enforce and they create a logistical headache and a strain on the court system. Many say that there are gray areas in each legal case and vehicle seizure is unfair in some situations. Nassau’s initial law was found unconstitutional because it seized vehicles for any traffic violation. Suffolk too amended its law.

Opponents of the statute say the drunk driving situation may not be solved with new laws and want the legislative body to review all existing efforts and policies first. Arrests for New York DWI in Westchester County totaled 2,515 in 2006, a rise of 7% over the previous year. Rather than an increase in drinking and driving, some take that as a reflection of the police doing a better job of law enforcement.

The Westchester County legislative committee will be reviewing data on the proposed vehicle seizure policy over the coming weeks.

Do you need a DWI lawyer in New York?