New York's new law is quite simple: if people drink and drive, they now take the risk of having their car confiscated. New York City, Nassau and Suffolk Counties implemented a seizure policy earlier this month.

Rudolph Giuliani, Mayor of New York gave the go-ahead first, followed by Nassau County Executive Thomas Gulotta. The last to sign off on the plan was Republican Suffolk County Executive Robert Gaffney. The one significant difference between Suffolk, Nassau and New York City is that Suffolk County will only seize a vehicle for second offenses.

With Suffolk County annually leading New York counties in the number of drunk-driving deaths, Police Commissioner John Gallagher said he thinks that an action must be taken.

"I'm willing to try anything that can help us make the streets safer," Gallagher said.

Suffolk County feels that implementing this law will further deter people from drinking and driving. A motorist must have a blood alcohol content of .10 or= more to trigger forfeiture proceedings. A car is not subject to forfeiture if the person arrested is not the registered owner, according to Robert Messner, New York City Police Department's chief civil lawyer.

This new law, though causing quite a commotion from its opponents, is completely legitimate. Gulotta said driving and owning a driver's license is a privilege under the law, it is not a right, and both could be seized under county and state laws when used as instruments in the commission of a crime. Although a vehicle can be seized based upon accusation, a conviction by the courts is needed for it to be permanent.

Howard Safir, New York City police commissioner said that the people convicted of drunk driving would have forfeiture proceedings from the city brought against them and eventually have their cars auctioned off. Reactions to this law are indeed mixed. However, most seem to be grateful for this police and government effort of prevention and public safety.

Anna Caputo, a Nassau County resident, said "As a concerned, taxpaying homeowner on Long Island, I am pleased to see police taking an aggressive stance. I like Nassau County/New York City's idea better. I think it's a better deterrent."

Virginia Black, a Queens resident, Said she did not have a preference as to which plan was better. "The question is not whether the car should be taken away the first or second time (as in either case an accident could result in someone's death) but that an impression is left that would call upon the population to sit up and start taking responsibility for themselves and others," Black said.

Along with the appraisal of deterring drinking and driving that the government of New York is trying to accomplish comes criticism. Critics have pointed to the inequality in punishment for expensive versus cheap cars and the inability of poor people to pay for lawyers in the civil litigation of the car seizures.

"Any legislature has the ability to introduce amendments to the existing law," said Joe Caracappa, Suffolk County Legislator 4th District.

Other non-politicians are so against the law that they too are interested in having it amended. Patricia Perry, president of the Nassau County chapter of the American Civil Liberties Union recognizes drunk drivers as the problem, but she feels that the government should go about their deterrent methods in a different manner.

"Drunk drivers are a problem, everyone knows that. However, we do not believe it is legal to take people's car before they are ever convicted," Perry said.

Another problem that has been mentioned is how Suffolk County presents a logistical nightmare for police because of its tremendous size and sprawling highways. Furthermore, while Nassau has nine impound yards for cars, Suffolk has only one. Of course drinking and driving can not ever be justified, but Suffolk officials consider the seizing of cars justifiable.

"I think it's a good idea but I also recognize the hardship that could be imposed on a family by taking away their vehicle. That is why I have worked with the County Executive, Legislator Towle (R-Shirley), and the Police Commissioner to modify our seizure law and make it for second offenders. The individual has already had their chance by keeping their vehicle the first time around. The second time, there's no excuse," Caracappa said.