Yes. A person who is arrested for DUI can have their vehicle seized, even on the first offense.
If a defendant's driving privileges are suspended or revoked by the Secretary of State, the defendant's vehicle can be seized and subjected to forfeiture as follows:
- When the offender's driver's license is revoked for a DUI conviction (625 ILCS 5/6-205(a)(2)).
- When the person's license is suspended for a statutory summary suspension (625 ILCS 5/11-501.1).
The motorist's vehicle can also be seized for reasons related to prior reckless homicide or accidents causing injury or death:
- Even though the offender's license was valid, he was previously convicted of reckless homicide in Illinois or another state and intoxication by alcohol or drugs was an element of the offense.
- Even though the person's license was valid, the driver has a prior conviction for DUI and in the present case, was involved in a motor vehicle accident causing death, great bodily harm, or permanent disability or disfigurement to another, when the violation was a proximate cause of the death or injuries.
If the arrest is the offender's third offense of DUI, then the vehicle can also be seized.
Even where the defendant's driving privileges have not been suspended or revoked by the Secretary of State, the vehicle can be seized if the person does not have a valid license.
For example, the vehicle is subject to forfeiture if the person committed the violation while he did not possess any of the following:
- Driver's license
- Restricted Driving Permit
- Monitoring Device Driving Permit