(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 and the person, within three years prior to the arrest or issuance of the citation, has been convicted of:

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Terms Used In Oregon Statutes 809.730

  • Arrest: Taking physical custody of a person by lawful authority.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100

(a) Driving while under the influence of intoxicants in violation of:

(A) ORS § 813.010; or

(B) The statutory counterpart to ORS § 813.010 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 an intoxicant or a combination of intoxicants;

(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 or aggravated driving while suspended or revoked under ORS § 163.196.

(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; 2023 c.498 § 10]

 

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