Drive Drunk, Lose Your Car? - New York, NY, Mayor Rudolph Giuliani's new policy to reduce the number of drunk drivers

Current Events, March 26, 1999

BACKGROUND

Here is how Mayor Rudolph Giuliani's new policy works:

When a driver is pulled over or stopped at a checkpoint for drunken driving in New York City, the police officers gives him/her a Breathalyzer test. If a driver refuses the test, his/her license is automatically suspended. They may also be charged with driving while intoxicated (DWI).

If the driver takes the breathalyzer and registers between a .06 and .09, the driver is charged with driving while impaired, but their car is not seized.

If the driver register .1 or higher, they are arrested for DWI and the car is searched and impounded. After arraignment, drivers can fill out a form to request the return of the car. At that point, the civil case to seize the car begins. Within 25 days, the New York Police Department will decide if the case merits the car being seized (whether it belongs to the driver, etc.). If it meets the requirements, the civil proceedings for the case take about six months.

If the judge or jury finds in the driver's favor, the car will be returned. If not, it will be offered at a police auction.

There are special provisions for certain situations:

* If the car has been rented or a leased, it will be returned to the rental or lease company.

* If a kid is caught driving drunk in a parent's car, the car can still be seized if it is determined that the kid is the primary driver.

* Police will investigate to make sure that drunken drivers do not get around the law by switching cars with a friend before leaving a bar.

Another Argument Against

Opponents of Giuliani's plan say that it punishes people who drive expensive cars far more greatly than it does people with inexpensive autos. For example, the driver of a brand new sport utility vehicle would lose a $30,000 investment if arrested for drunken driving. For the very same offense, the driver of a 1984 pickup would lose something valued at $1,000. Both drivers pose the same risk on the road, yet one would lose $29,000 of value more than the other.

Giuliani said that there is an easy way to avoid losing your car in the first place. "There's a very simple way to stay out of this problem, for you, your family, and anyone else: Do not drink and get behind the wheel of a car."

WORDS IN THE NEWS

Below are some key words used in this issue of Current Events. Knowing their meanings will be helpful in understanding recent news events.

* Emancipation Proclamation (page 1). This address, signed into law by President Abraham Lincoln on Jan. 1,1863, is commonly thought of as the edict that freed all U.S. slaves. However, the document only proclaimed the freedom of slaves in states that were in revolt from the Union. Those states, however, where under Confederate rule, and therefore disregarded the statement. In addition, the freedom given to slaves in the proclamation had already been enacted into law by Congress. The proclamation was successful, though, in raising Union morale and gathering support for the Union cause in Europe.

* Abolitionists (page 2). The abolitionist movement aimed to put an end to slavery in the United States and other countries. Many U.S. abolitionists participated in the underground railroad, a network of homes that secretly housed fugitive slaves. Others produced anti-slavery literature, such as the Liberator, a newspaper edited by William Lloyd Garrison starting in 1831. The 13th amendment to the U.S. Constitution abolished slavery in the United States in 1865.

* American Civil Liberties Union (page 3). The ACLU is a private organization that defends Americans' rights as guaranteed by the U.S. Constitution. Representing both individuals and groups, the ACLU champions battles for civil rights such as freedom of speech, the right to assemble, and protection form unreasonable searches. The 275,000 member organization has argued or supported most major U.S. civil liberties case since it was founded in 1920.