They should not be forced to bear the cost of placing the matter before a court. The cases of offending car owners also present issues that require a separate civil proceeding for their resolution, and that may require assignment of counsel for the indigent. Most criminal prosecutions for DWI do not decide the question of whether the offending vehicle should be forfeited. The same distinction between criminal and non-criminal conduct obtains for forfeiture actions against drivers accused of reckless or unlicensed driving. Moreover, many individuals who are properly charged with a crime are not appropriate candidates for the loss of their most valuable possession.
Many drunk drivers are first offenders.
Many are identified when they are stopped at sobriety checkpoints, rather than while driving in an overtly dangerous or unlawful manner. For these individuals, the uniform statewide penalties are quite adequate for the purpose of deterring and changing their behavior. As previously noted, however, the punishment of these drivers is needlessly prolonged, because most impounded vehicles remain in police custody for months after the offenders have paid their fines, completed their suspensions, received their instruction and evaluation, and reacquired their driving privileges. While the Department serves most forfeiture defendants with a summons and complaint within three to six weeks, it does not calendar the case for a judicial hearing on the justification for retaining the vehicle pending forfeiture. There is no excuse for months of delay in calendaring the cases.