Car-forfeiture provision in DUI cases advancing

By Gordon Y.K. Pang
Advertiser Capitol Bureau

Motorists with multiple convictions for driving under the influence of alcohol or other intoxicants could lose their vehicles under a bill expected to advance out of the Senate Judiciary Committee today.

The bill, as moving through the Senate, would apply only to those with DUI convictions who own their vehicles. Lawmakers appear to want to have vehicles forfeited from drivers with three or more DUI convictions within five years. Language in the bill refers to forfeiture following a second conviction, but that appears to be a drafting error since the bill description and committee reports all refer to forfeiture upon a third conviction.

Honolulu police have opposed vehicle forfeiture legislation in recent years, arguing that it does not have available space to house forfeited vehicles.

But Judiciary Chairwoman Colleen Hanabusa, D-21st (Nanakuli, Makaha), is proposing an amendment that would place responsibility over forfeited vehicles in the hands of the state Department of Transportation.

"I think DOT can find the space," Hanabusa said, after the meeting.

Transportation Director Rodney Haraga, who had testified for the bill, said his department will need to study the proposal and determine how many vehicles would need to be housed. "We have no space with DOT," Haraga said. "The only space we have is under the freeway, and that's not a good place to store vehicles."

Mothers Against Drunk Driving supported the bill. Carol McNamee, MADD chairwoman for public policy, said vehicle forfeiture for repeat DUI offenders is one of the means to discourage higher-risk motorists from driving while intoxicated.

Public Defender Jack Tonaki opposed the bill, noting that a forfeiture, in effect, amounts to an increased fine based on the value of a vehicle and may be in violation of the Hawai'i Penal Code that says disparity in sentencing should be avoided. Tonaki said a forfeiture could unintentionally hurt family members who may have only the one car as a means of transportation.

Hanabusa said she expects the bill to move out of her committee today.

Reach Gordon Y.K. Pang at gpang@honoluluadvertiser.com