The new law allowing the city of Santa Fe to seize cars from drunken drivers went on trial for the first time Thursday in state District Court.

OK, so it wasn't exactly the law on trial — that honor went to Jacob Garcia, a 38-year-old local man. But it was the first time a state district judge has been asked to consider a Santa Fe resident's challenge to the forfeiture law, which the City Council adopted in September.

In the months since the law took effect, city police officers have seized about 260 cars from drunken drivers, people caught driving with revoked licenses based on a DWI conviction or those caught driving without required ignition-interlock devices, city prosecutor Alfred Walker said.

The law says an offender with no more than one DWI conviction on his or her driving record can opt to immobilize the vehicle with a boot, install an ignition-interlock device or store the car at the city's impound lot. However, vehicles belonging to drivers with more than two DWI convictions or those caught driving on a license revoked for DWI are subject to forfeiture.

So far, about 40 people have had cases heard in front of a hearing officer, who decides if a vehicle was properly seized, Walker said. Between 15 and 20 of those cases are pending on appeal in District Court, he said. The city already has obtained the rights to 10 cars, which will be auctioned off at some point. Cars belonging to lienholders other than the driver — like a bank — are returned to those people or entities, Walker said.

Garcia was arrested for driving while intoxicated in February 2008, and pleaded no contest to the charge in August 2008, according to online Santa Fe Magistrate Court records. He testified Thursday that after having the ignition interlock put in his 2002 Chevrolet Silverado pickup for one year, Santa Fe Magistrate George Anaya Jr. allowed him to remove the device in March 2009.

He said he didn't know that the state Motor Vehicle Department, which knew of his previous DWI 19 years ago, administratively revoked his license for two years and required the interlock for that entire time. Garcia testified he never got the revocation notice because it was sent to his ex-wife's home.

Walker said it appeared that Garcia pleaded no contest to a first DWI in 2008. Online court records don't indicate that fact.

But Garcia also admitted that he didn't try to renew his interlock license, which expired after a year in May 2008. Judge Sarah Singleton wondered aloud if that indicated he knew the MVD would require him to reinstall the interlock device.

Garcia's lawyer, Jeff Jones, also tried to convince the judge that Garcia's ex-wife, who paid some of the payments on the truck since their divorce, was the owner of the vehicle. Singleton said at one point she was not ready to accept that theory.

The judge asked the lawyers for more information and said she would study the evidence and the city code before making a decision.

Contact Jason Auslander at 986-3076 or :jauslander@sfnewmexican.com.