Dona Ana County, New Mexico, has been waiting over 2 years for a single car to be seized under its new DWI seizure ordinance.

The first version of this ordinance was passed in 2004. Before the second ordinance was passed in 2007, about 1,700 cars were seized from individuals suspected of a second or subsequent DWI offense. These suspects were required to file an appeal in an external hearing to attempt to regain ownership of their vehicles.

Questions over the legality of this ordinance prompted changes. The 2007 version provides for all appeals to take place in criminal court. If a person does not appeal the seizure, his or her vehicle is automatically forfeited. While making the shift from the older ordinance to the new, some state lawmakers expressed concern over the safety of the vehicles being held awaiting hearings.

These opponents and supporters alike questioned whether the facilities holding the cars were secure enough to offer full protection of an asset that was still not County-owned. This lead to a new decision to build a secure parking facility for 100 cars. The facility, which is being paid for out of county funds, is still not built. Not a single vehicle has been seized under this new ordinance.

Many feel these vehicle seizure laws are a violation of personal property. Even those people who see the merits of these provisions, however, question whether courts can truly carry out the cases expeditiously enough to keep the judicial system from getting bogged down with vehicle-seizure appeals.

Throughout the country, questions of efficiency always threaten even the most well-thought out measures to prosecute drunk drivers. In fact, recent reports out of Missouri show some courts would rather allow most individuals to plead guilty and walk away with minimal penalties than go through the entire process of conviction and appeal.

Seizing, storing and protecting personal property, like cars, will prove to be a resource consuming task for those states that enact the ordinances. While many cities in New Mexico have adopted this plan, few have answered the questions of how the resources needed to house the vehicles will be continually provided. However, high impound fees for those individuals who have their cars seized go a long way.