DALEY OUT TO SEIZE AUTOS IN DUI CASES

A Potential Rights Fight? Mayor Scoffs At Idea Of Challenge

Once again inviting a fight with civil libertarians, Mayor Richard
Daley on Wednesday said the city is considering an ordinance that
would permit police to seize the cars of people charged with drunken
driving.

The proposal, under study by city lawyers, is modeled after a similar
measure that took effect last month in New York City with the backing
of Mayor Rudolph Giuliani. In New York, the idea prompted a firestorm
of criticism because it imposes a penalty before a conviction.

But Daley, who said he is not afraid of opposition from the American
Civil Liberties Union, asserted that confiscating automobiles could be
an effective deterrent to drinking and driving.

"You take someone's car away, and you really get their attention,"
Daley said.

As for the ACLU, Daley asserted the organization files suit "against
anything." If he were scared by the threat of legal action by the
group, "we wouldn't ever do anything in the city."

The benefits of a new measure that would discourage drunken driving
are obvious, according to the mayor.

"If you save one life, it's worth it," he asserted. "You talk to
Mothers Against Drunk Driving (MADD) and you will find out the real
story about innocent victims -- the death and injury of their loved
ones. It is very, very sad."

Under the New York measure, a car can be seized if the driver's
blood-alcohol level is 0.10 percent or higher, even for a first-time
offense and even before the DUI case gets to court. Cars will be
auctioned off if drivers are convicted.

Giuliani, a possible candidate for U.S. senator next year, has been
unapologetic about his crackdown. "If you've had even one drink, you
should find somebody else to drive your automobile or you should stay
where you are, or use public transportation," he said recently.

Under Illinois law, a drunken driver's vehicle can be seized -- but
only if the motorist has three or more DUI convictions.

"The reason the New York law is so revolutionary is because it deals
with a first-time offender," said Brad Fralick, executive director of
MADD of Illinois. "That's the big deal."

Harvey Grossman, legal director of the ACLU of Illinois, said that
drunken driving laws should be enforced, but "under Mayor Giuliani's
program, persons who are not even convicted of crimes can have their
cars seized."

"I think that is simply un-American," Grossman said.

Differences of opinion between Daley and the ACLU are not
unusual.

In December, Grossman argued before the U.S. Supreme Court that an
anti-gang loitering ordinance passed by the City Council with the
mayor's backing was unconstitutional.

The measure, which city officials contend produced a dramatic drop in
the homicide rate before it was struck down by a lower court in 1995,
allowed police to arrest gang members who disregarded orders to
disperse from street corners.

The high court is considering the city's appeal to reinstate the
law.

Daley also has run afoul of civil libertarians as he seeks to ease
restrictions on the surveillance of possible criminal activity
stemming from a consent decree in the police Red Squad case. Daley
wants more power to watch gangs and terrorist groups, but opponents
fear loosening restrictions would result in trampled rights.

It is believed the mayor could garner enough City Council support for
an automobile-confiscation ordinance.

Chicago already seizes vehicles when occupants allegedly engage in a
wide variety of illegal activities. Those activities include weapons
violations, narcotics violations, curfew violations, soliciting
prostitutes and even playing music too loudly.

Alleged offenders "are not worried about going to County Jail," Daley
declared. "They are not worried about the criminal justice system.
They are just worried about their cars."

Last year, nearly 14,000 vehicles were confiscated under existing city
ordinances.

Motorists who fail to convince a hearing officer that their autos were
wrongfully seized are fined $500 and assessed a towing fee of $115 to
regain them. That is separate from court proceedings on the alleged
violations that led to the seizures in the first place.

Chicago's statutes authorizing vehicles to be taken never have been
challenged in the appellate courts, a city Law Department spokeswoman
said.

But even opponents of auto seizures concede that property used in the
commission of a crime is considered contraband under the law and, in
the case of cars, fair game for municipal tow trucks.
Constitutionally, experts said, the city likely would be on firm ground.

Nevertheless, Grossman contended that driving under the influence
often is different from using a car to seek a prostitute or commit
other crimes.

"In numerous instances, persons charged with (DUI) are suffering from
diagnosable illnesses of chemical dependency and alcoholism," he said.
Seizing a car "is a really serious governmental sanction" that can
deprive a family of a breadwinner's income, he asserted.

In just the first two months of 1999, Chicago police made 1,054
arrests for driving under the influence, a department spokeswoman said
Wednesday.

Last year, New York police made 6,368 arrests for drunken
driving.

Daley has a long history of activism against drunken driving. He
recently voiced support for a proposed change in state law that would
result in automatic license suspension when drivers suspected of
driving drunk refuse to take field sobriety tests. The measure is in
committee in the General Assembly.

Daley, who attends annual vigils in remembrance of victims of drunken
driving, may not get high marks from civil libertarians, but he is
well-regarded by MADD.

"He works very closely with us," Fralick said.

Nevertheless, the organization does not endorse any legislation until
its impact can be measured in reducing driving under the influence,
Fralick said.