Paul Kursky

About the author: Paul Kursky is a staff writer for Louis magazine, a publication of Brandeis University.

In February 1999, New York City Mayor Rudolph Giuliani instituted the policy of using criminal forfeiture laws to confiscate the cars of motorists convicted of drunk driving. Although twentythree states have laws that allow for the confiscation or impoundment of cars as a penalty for drunk driving, New York City is unique in that its confiscation policy applies to first-time offenders. To get their cars returned, those accused of drunk driving are subject to both a criminal and civil trial. Because civil trials have lower standards for guilt, defendants could conceivably be found not guilty of drunk driving in a criminal trial yet still lose their cars if found liable in civil...