Chicago DUI attorney comments on the forfeiture of your car

This Chicago DUI attorney has posted here, here, and here about the collateral consequences to a DUI arrest. 

Even if you aren’t driving under the influence the government can still take your car:

From People v. 1998 Lexus GS 300, No. 1-09-0444:

Our legislature has determined that one of the best ways to achieve the objective of keeping alcohol and drug impaired drivers off the roadways is to subject their vehicles to forfeiture if they are caught driving with a license that has been revoked or suspended because of a previous DUI conviction.

 

In evaluating the harshness of the penalty (forfeiture), courts agree that forfeiture of personal property is less harsh than forfeiture of real property. One 2000 GMC, 357 Ill. App. 3d at 876; People v. $5,970 United States Currency, 279 Ill. App. 3d 583, 592, 664 N.E.2d 1115 (1996). Moreover, in conducting this evaluation, it is appropriate to consider the forfeiture statutes' remedial goals of deterring drunk drivers and removing them from the roadways. One 2000 GMC, 357 Ill. App. 3d at 878.

The record indicates that claimant's vehicle was worth $9,000. In One 2000 GMC, the reviewing court determined that the forfeiture of a $28,000 vehicle was not grossly disproportionate to the claimant's offense of driving on a license that had been previously summarily suspended under the implied consent statute (625 ILCS 5/11-501.1 (West 2002)). One 2000 GMC, 357 Ill. App. 3d at 878.

In light of the inherent gravity of claimant's offense and the remedial purposes of the forfeiture statutes, and given the fact that the reviewing court in One 2000 GMC upheld a much greater forfeiture under similar circumstances, we find that the forfeiture of claimant's vehicle was not grossly disproportionate to the gravity of the offense as to violate the excessive fines clause.

Please keep in mind, that the defendant did not cause any bodily harm and yet having a vehicle valued at $9,000.