REVISIONS TO THE VEHICLE SEIZURE LAW
1999 WIS. ACT 109 -- Alcohol Offense Bill
*Effective January 1, 2001 (unless otherwise stated)
*Eliminates mandatory vehicle seizure on
fourth and subsequent OWI offenses and makes _all_ seizure
permissive on third and subsequent offenses.
§ 346.65(6)(a)1.
* Eliminates the requirement that all vehicle titles be taken to the
clerk of courts and stamped, and requires that *only the title for
the vehicle involved in the OWI offense* on third and subsequent
offenses be stamped and subject to a title stop prohibiting
transfer under § 342.12(4).
* Clarifies that only a "motor vehicle used in the violation or the
improper refusal and owned by a person who . . . had 2 or more
prior convictions, suspensions or revocations" shall be subject to
seizure. § 346.65(6)(d). This is consistent with the Wisconsin
Supreme Court’s decision in _State v. Konrath_, 218 Wis. 2d 290
(1998).
* In _Konrath_, the court held that the vehicle seizure statute was
constitutional as applied to Konrath because the forfeiture was
civil in nature and there was a nexus between the vehicle to be
seized and forfeited and the crime. However, the court emphasized
that its holding did not encompass cases where the vehicle to be
seized and forfeited was not the vehicle used in the offense. The
court stated, "absent a nexus between the motor vehicle and the
crime, we recognize that compelling constitutional challenges
could be raised." _Konrath_, 218 Wis. 2d at 321.
* Expands the venue under § 346.65(6)(c) of where the forfeiture
action may be commenced to include the county where the owner of
the vehicle improperly refused or committed the OWI offense.