ORS 809.730
Seizure of motor vehicle for civil forfeiture

  • driving while under the influence of intoxicants

(1)

A motor vehicle may be seized and forfeited if the person operating the vehicle is arrested or issued a citation for driving while under the influence of intoxicants in violation of ORS 813.010 (Driving under the influence of intoxicants) and the person, within three years prior to the arrest or issuance of the citation, has been convicted of:

(a)

Driving while under the influence of intoxicants in violation of:

(A)

ORS 813.010 (Driving under the influence of intoxicants); or

(B)

The statutory counterpart to ORS 813.010 (Driving under the influence of intoxicants) in another jurisdiction;

(b)

A driving under the influence of intoxicants offense in another jurisdiction that involved the impaired driving of a vehicle due to the use of intoxicating liquor, cannabis, psilocybin, a controlled substance, an inhalant or any combination thereof;

(c)

A driving offense in another jurisdiction that involved operating a vehicle while having a blood alcohol content above that jurisdiction’s permissible blood alcohol content;

(d)

Murder, manslaughter, criminally negligent homicide or assault that resulted from the operation of a motor vehicle in this state or in another jurisdiction; or

(e)

Aggravated vehicular homicide under ORS 163.149 (Aggravated vehicular homicide) or aggravated driving while suspended or revoked under ORS 163.196 (Aggravated driving while suspended or revoked).

(2)

For the purposes of subsection (1) of this section, a conviction for a driving offense in another jurisdiction based solely on a person under 21 years of age having a blood alcohol content that is lower than the permissible blood alcohol content in that jurisdiction for a person 21 years of age or older does not constitute a prior conviction.

(3)

All seizure and forfeiture proceedings under this section shall be conducted in accordance with ORS chapter 131A. [1999 c.1100 §2; 2001 c.104 §304; 2001 c.780 §§18,18a; 2007 c.867 §12; 2007 c.879 §5; 2009 c.78 §61; 2009 c.783 §13; 2017 c.21 §79; 2021 c.253 §5]

Source: Section 809.730 — Seizure of motor vehicle for civil forfeiture; driving while under the influence of intoxicants, https://www.­oregonlegislature.­gov/bills_laws/ors/ors809.­html.

809.090
Cancellation of registration or title for failure to qualify 809.095
Cancellation of registration for false certification of compliance with financial responsibility requirements 809.100
Hearing on proposed cancellation or refusal 809.110
Failure to surrender canceled registration or title 809.120
Court-ordered suspension of registration or driving privileges for weight violation 809.130
Suspension or revocation of driving privileges for unsettled judgment 809.135
Refusal to issue, revocation or suspension of identification card, registration or title for failure to use same name 809.140
Administrative review of suspension, revocation or cancellation of identification card, registration or driving privileges 809.220
Failure to appear 809.230
Court suspension or revocation of nonresident driving privileges 809.235
Permanent revocation of driving privileges upon conviction of certain crimes 809.240
Court-ordered suspension or revocation 809.260
Court-ordered suspension of driving privileges of juvenile 809.267
Additional fee upon notice of suspension or restriction 809.270
Driver improvement course 809.275
Court to take possession of license or permit 809.280
Department procedures following court order of suspension or revocation 809.310
Cancellation or suspension of driving privileges 809.312
Reissuance of privileges after suspension for submitting false information 809.320
Cancellation on written request of parent or legal guardian 809.360
General provisions relating to suspension or revocation of driving privileges 809.380
Period of suspension 809.390
Period of revocation 809.400
Suspension or revocation for out-of-state conviction 809.406
Cancellation and disqualification from holding driver license with Class A or Class B farm endorsement 809.409
Revocation for conviction of crime 809.411
Suspension for conviction of crime 809.412
Authority of juvenile court for suspension or revocation 809.415
Suspensions for conduct involving judgments, financial responsibility, dishonesty 809.416
When person subject to suspension under ORS 809.415 809.417
Suspension for conduct regarding accidents 809.419
Suspensions for physical or mental condition or impairment 809.421
Suspensions for miscellaneous driving-related actions 809.428
Schedule of suspension or revocation periods for certain offenses 809.430
Notice of suspension, cancellation or revocation 809.440
Hearing and administrative review procedures 809.450
Hearing for rescission of suspension for financial and future responsibility violations 809.460
Rescission of suspension or revocation upon appeal of underlying conviction 809.470
When judgment considered settled for purposes of suspension requirements 809.480
Driver improvement programs 809.490
Suspension or revocation of driving privileges of nonresident driver 809.500
Failure to return suspended, revoked or canceled license 809.510
Conviction of crime 809.515
Failure to appear, pay fine or obey court order in another jurisdiction 809.520
Lifetime suspension of commercial driving privileges 809.525
Serious traffic offenses 809.530
Violation of out-of-service order 809.535
Suspension of commercial driver license for specified rail crossing violations 809.540
Right to apply 809.545
Administrative review 809.550
Application of ORS 809.510 to 809.545 809.600
Kinds of offenses and number of convictions 809.605
Determination of which offenses count 809.610
Restriction of driving privileges 809.640
Procedures on habitual offender determination 809.698
Definition of “vehicle immobilization device.” 809.700
Court-ordered impoundment or immobilization upon conviction 809.702
Tampering with vehicle immobilization device 809.710
Authority to refuse to release vehicle to intoxicated person 809.716
Hearing on impoundment 809.720
Impoundment for specified offenses 809.725
Notice following impoundment under city or county ordinance 809.730
Seizure of motor vehicle for civil forfeiture 809.735
Preemption of local forfeiture ordinances 809.740
Seizure of motor vehicle for forfeiture 809.745
Adoption of policies and procedures prior to forfeiture
Green check means up to date. Up to date

Current through early 2024

§ 809.730’s source at oregon​.gov