Council enacts DWI forfeiture ordinance
By Henry M. Lopez | The Santa Fe New Mexican | January 11, 2007

The Santa Fe City Council took aim at New Mexico's chronic drunken-driving problem Wednesday night by voting unanimously to allow police to auction away the vehicles of repeat drunken drivers.

Police will begin setting up the program in coming weeks, but Deputy Chief Raye Byford didn't know when officers would begin confiscating vehicles. Byford—who has made more than 1,000 driving-while-intoxicated arrests—is a strong supporter of the ordinance. "I think this ordinance is something that's been a long time coming," he said.

Under the ordinance, the city can sell cars belonging to drunken drivers convicted of their third offenses. People driving on a license suspended for drunken driving can also have their cars sold at auction.

City Councilor Patti Bushee said the new law isn't a substitute for substance-abuse treatment for alcoholics but hoped the ordinance might spur some behavioral changes.

"You're really going to feel it," Bushee said of the ordinance. "And if that's the kind of wake-up call you need to get into treatment. I'm more than happy to provide that wake-up call."

The new ordinance also targets those arrested on their first offense—which statistics hold are the majority of drunken drivers—and requires them to either immobilize their car or install an ignition interlock until their case is decided in court.

Attorney Bennett Baur asked the council to reconsider placing sanctions on those arrested for a first offense before they'd been convicted of a crime. Baur, who sometimes defends drunken drivers, said the ordinance might not protect defendants' rights.

But the council did not change the ordinance.

City Attorney Frank Katz said those arrested will be given a hearing upon request to determine whether police had probable cause to seize their car.

The ordinance provides protection to car owners who might have loaned a car to a person without knowing the person had a DWI record. However, if a car owner repeatedly loans a car to a repeat drunken driver, the car could be sold.

State DWI Czar Rachel O'Connor was at City Hall to endorse the council's action and pledged support to help the city publicize the new ordinance.

"We would like to see this ordinance... or a like ordinance in all the counties where DWI is deadliest in the state of New Mexico," O'Connor said.

Santa Fe County enacted a similar ordinance last year but has not begun seizing and auctioning cars because an impound lot for holding the cars has not yet been built. Sheriff Greg Solano estimated this week that the Sheriff's Department could begin seizing cars for auction in the next two months..

CITY'S NEW CAR-FORFEITURE LAW

For first and second DWI arrests:

  • If the driver has no history of driving while intoxicated, the vehicle he or she was driving cannot be sold.
  • Vehicle can be immobilized up to 180 days unless the driver agrees to install an ignition interlock.

What if my kid is driving and gets arrested?

  • If a driver doesn't own the car in which he or she was arrested on a first DWI offense, the owner can retrieve the car without penalty.
  • If a driver doesn't own the car in which he or she is arrested on a second DWI offense, the owner can opt to immobilize the car for 30 days.
  • If a driver doesn't own the car in which he or she is arrested on a third DWI offense, the car can be forfeited and sold at auction upon conviction.