For Habitual DWI offenders, drivers who have had three prior DWI convictions within the past seven years, DWI becomes a more severe felony. Offenders must also go through a substance abuse program while in jail or as a condition of parole. One of the most powerful aspects of the Initiative involves the seizure and forfeiture of vehicles. Under the new provision, a law enforcement officer can seize a driver's car if the officer charges that person with DWI and that person was driving while his or her license was revoked due to a previous impaired driving revocation. The seizure happens at the time of the arrest.
Forfeiture occurs if the driver is convicted.
The responsibility for towing and storage of the seized vehicle rests with the county school board in the county where the offense occurred. If a court convicts the driver of DWI and of committing the offense while driving with a revoked license due to a previous impaired driving offense, the judge will order the vehicle forfeited. The school board can then sell the vehicle and keep the proceeds, sharing the money with any other school systems in the county, or keep the car for its own use. The law does allow vehicle owners to get their cars back if they were not the driver convicted of DWI but only if they satisfy the court by clear and convincing evidence that they are an innocent party. The Initiative also recognized North Carolina's past troubles when trying to prosecute and convict someone for driving while impaired by something other than alcohol.