Vehicle Registration Cancellation and License Plate Seizure

This sanction is used as an alternative to vehicle impoundment and is intended to result in vehicle immobilization. The plate can be administratively confiscated by a police officer during a DWI arrest, and the registration of the vehicle used in the offense may be revoked. For more information on immobilization, see the Vehicle Immobilization section.

Administrative plate seizure is inexpensive and efficient. At the time of arrest, the police remove the plates and the state invalidates the vehicle's registration. In some states, a grace period allows the offender up to 15 days to turn in the plates themselves or face additional penalties. When there are family members who are dependent on the car, special tags can alert police to potential violators. Since the license plate is the property of the state, no infringement of property rights is in question. Three states — Iowa, Minnesota, and Ohio — issue special license plates to permit the use of the vehicle by the family members of convicted DWI offenders (NHTSA State Legislative Fact Sheet, Jan. 2001).

Minnesota has administrative license plate impoundment. People arrested for drunk driving who have a previous offense within 10 years or who have a BAC of .20 or higher will have their license plates impounded and destroyed. Replacement plates are issued only when the license revocation order has been rescinded after the mandatory minimum impoundment period.

In some cases, special license plates can be substituted. These plates contain a special sequence of letters for drunk driving offenders. Minnesota law also allows an officer to stop at any time a vehicle bearing the special license plates to check the status of the driver’s license.

In 2000, Minnesota passed a law making it a separate crime for an offender subject to plate impoundment order to drive a vehicle without a special plate or for a transferee of the vehicle to allow the previously registered owner to drive during the impoundment period. The maximum penalty for violation of this law is a fine of $1000 and 90 days in jail.

Where Are Registration Cancellation and License Plate Seizure Used?

In 19 states and the District of Columbia, vehicle registration is withdrawn upon conviction of a DWI offense or a driving-while-suspended offense that originated from a DWI charge, according to the National Hardcore Drunk Driver Project Survey. In Georgia, offenders may be subject to plate seizure on a third conviction. In Minnesota, police can seize plates of drivers who have had three or more DWIs within a five-year period. They may also confiscate the plates of any other vehicles owned by the same person.

In Ohio and Minnesota, violators are required to turn in their plates but could apply for "family plates" that allow another family member to use the vehicle (Voas and DeYoung 2002).

How Effective Are Registration Cancellation and License Plate Seizure?

Studies show administrative-based plate seizure for hardcore drunk drivers is a low-cost and effective procedure that can significantly reduce recidivism. Minnesota’s administrative-based plate impoundment program showed a 50 percent decrease in recidivism over a two-year period when compared with DWI violators who did not experience impoundment.

In general, however, license plate seizure laws are poorly enforced. A study of Minnesota offers a good comparison of judicial vs. administrative application of license plate seizures. During the 29 months when the plate seizure law was managed through the judicial system, only 465 — or 6 percent — of the 7,698 eligible, third-time offenders had their license plates impounded. During the 21 months after the law was applied administratively in 1991, 3,136 — or 68 percent — of the 4,593 third-time DWI offenders had vehicle plates impounded.

Where to Go for More Information on Vehicle Registration Cancellation and Plate Seizure

National Highway Traffic Safety Administration. April 2002. State Legislative Fact Sheet. Washington, DC: National Highway Traffic Safety Administration.

Jones, R.K, and Lacey, J.H. 2001. Alcohol and Highway Safety 2001: A review of the state of knowledge. Washington, DC: National Highway Traffic Safety Administration.

Voas, R.B., and DeYoung, D.J. 2002. Vehicle action: effective policy for controlling drunk and other high risk drivers? Accident Analysis and Prevention 34: 263–270.