Gurnee hikes DUI vehicle impoundment fee

Drivers accused of being under the influence of alcohol or drugs in Gurnee will pay significantly more to get their vehicles back after an arrest.

Village trustees this week voted 6-0 in favor of boosting Gurnee’s impoundment fee from $500 to $750 for all DUI-related offenses — a 50 percent increase.

In addition, the board approved an administrative vehicle seizure and penalty that’ll hit drivers accused of being on the road with suspended or revoked licenses.

Under the expansion of a local law, drivers with two or more suspensions against their driver’s licenses will face an automatic vehicle seizure and a $500 administrative penalty. The same fine will be leveled against those accused of driving on revoked or suspended licenses with three or more moving violation convictions in a 12-month span.

Vehicles are towed and not returned until the impoundment fee is paid. A driver can appeal and seek a refund before a hearing officer hired by village government.

Police Chief Kevin Woodside said Village Attorney Bryan Winter was consulted before the changes were pursued in the vehicle seizure and impoundment section of the municipal code. The revised ordinance will kick in June 15.

“We believe these changes in the existing ordinance will send a strong message to those individuals who repeatedly disregard the law and present a danger to the public,” Woodside said.

But high-profile defense attorney Donald Ramsell, who specializes in DUI cases, questioned the validity of Gurnee’s fee increase on the vehicle impoundment. He said the charge is supposed to principally cover towing and officer expenses associated with a DUI, and that $750 appears excessive.

“The higher the amount they attempt to get from the vehicle owner, the more likely it is lawyers will step into the game and challenge it,” Ramsell said Thursday.

Woodside responded the $750 won’t come close to recovering the costs associated with each DUI arrest and prosecution. He said a village analysis places the expense at $2,000 to $3,000 even if a case is resolved early.

Ramsell contends Gurnee’s plan to level the $500 administrative fee against certain drivers accused of having revoked or suspended licenses may be problematic as well. The Wheaton-based lawyer said Illinois vehicle code must be uniformly applied by all local governments statewide.

In particular, Ramsell pointed to a section of the vehicle code stating “no local authority shall enact or enforce any ordinance rule or regulation in conflict with the provisions of this chapter unless expressly authorized herein.”

Woodside said the village attorney found Gurnee’s ordinance related to drivers with suspended or revoked licenses complies with state law. He added that other towns have had similar ordinances.