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When Ronnie Maffin of Athens was arrested 2 1/2 months ago for his sixth DUI offense, he got off easier than some people have in the past.
Police could not seize the car and impound it because it was registered to someone else, said Brian Lushbaugh, Athens Police Department patrol officer.
Ohio and more than 20 other states allow police to confiscate cars of repeat DUI offenders.
In New York City, Mayor Richard Giuliani has ordered police officers to seize cars of first-time DUI offenders as part of his plan to crack down on drunken driving.
In Athens, police have their own procedures. Lt. Michael Hunter, commander of the Athens post of the Ohio State Highway Patrol, said once an officer pulls a DUI offender over, establishes probable cause and administers roadside sobriety tests, the officer can, in some cases, impound the car.
"If the person has been previously convicted of DUI in the past six years, (the officer) impounds the car and removes the plates," he said.
In Ohio, cars can be immobilized when drivers commit second offenses within six years, said Lisa Eliason, Athens prosecutor. If this is the case, cars are subject to immobilization for 90 days.
If drivers are arrested for DUI for the third time in six years, their cars are subject to immobilization for 180 days. After drivers' fourth offenses in six years, cars are subject to forfeiture, she said.
"Impounding (is when the authorities) take (the car) and put it in an impound lot. The judge may or may not release it depending on whether or not it is subject to immobilization. If you are arrested and you leave the scene, they'll have (the car) towed and fill out a form (to impound the car)," Eliason said.
"Immobilizing the car (is when) the arresting officer comes in with a bar and immobilizes the car so you can't move it. If you sell your car while it is immobilized, you can lose your right to own a car."
For cases involving those arrested for DUI who don't own the cars they are driving, Ohio law has an innocent owner's exception, she said. The car Maffin was driving the day Lushbaugh arrested him was not immobilized because it was not his.
If a person is arrested for a repeat DUI offense while driving a car that had been loaned or taken without permission, the car's owner can get it back, Eliason said. The innocent owner's exception will not allow having the car immobilized because the owner was not driving and did not know of the driver's previous convictions.
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