Seizing DWI Cars

Inspired by Mayor Rudolph Giuliani's decision to enforce laws permitting the seizure of cars driven by drunks, Nassau and Suffolk Counties quickly followed last week in threatening to take cars of those accused of drunk driving, prompting complaints from civil libertarians.

Their complaint centers on the fairness of taking cars from those accused, but not found guilty of driving drunk. The New York Civil Liberties Union complains those being arrested in the city, are being threatened with the loss of their cars before being tried, and even after acquittal. Typically, those charged with driving drunk plead not guilty after failing or refusing a breathalyzer test. Critics say the Constitution forbids government from depriving citizens of life, liberty or property without due process of law, in other words, having their day in court.

It makes sense to challenge these new enforcement policies in court, as the civil liberties union says it will, especially as they are applied to cars of first time offenders. Certainly, no one who is acquitted of such charges should lose their car or have it sold at auction. To its credit, Nassau County says it will return the cars to those acquitted. Suffolk is taking a more measured approach, we think, by targeting repeat DWI offenders for car seizures.

Drunk drivers are a menace. In their hands, cars are dangerous weapons, and should be taken away. But not without due process, not until those accused have their guilt or innocence established in a court of law.