Could we do this under current law or would we need new legislation like Italy has implemented?

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Italy has begun confiscating the cars of people driving under the effect of drugs or alcohol in the latest attempt to lower one of western Europe's highest rates of road casualties.

Two drivers in their early 20s, a woman under the influence of alcohol and a man who had smoked a cannabis joint, have had their cars seized in northern Italy since the legislation came into effect at the end of last month.

The new legislation states that any driver who tests positive for any illegal drug or has blood alcohol levels exceeding set limits can have their car confiscated, as well as toughening fines and jail sentences.

See full article

Texas already has a similar statute, but it requries a DWI 4th . . .

The Lizard Man is innocent!

Actually to seize a vehicle on a DWI all that is needed is a SJF or 3rd Degree offense under Chapter 49 and three prior convictions under Chapter 49. There is no requirement that the three priors be DWI's. For example the car used in a DWI w/ Child Passanger with the defendant having three prior convictions for PI or Open Container is "contraband" under 59.01(2)(A)(iv). The chalange is to find prior Class "c" convictions. The problem with the statute is it appears doubtful that you could use an out of state DWI as one of the 3 priors for forfeiture even though such a prior could be used to enhance the criminal DWI charge.

[This message was edited by John Greenwood on 06-05-08 at .]

Of course the vehicle is evidence of the DWI... If a gun used in a murder, a mask used in a robbery, or other similar evidence can be seized, then why not the vehicle in a DWI? Just a thought. Of course this is not a seizure under chapter 59 as the original question asked, but the effect could be a big deterrent.

And I am going to open up an impound lot and charge a lot of money to the police agencies to store their DWI "evidence" - and I'm gonna get rich!

The other problem with DWI vehicle seizures for both Chapter 59 and getting rich owning an impound lot is that most repeat DWI offenders are driving some early 80's model that the scrap value of will not even cover the cost of the tow to the impound lot.