(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:
(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 intoxicating liquor, 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.
(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 475A. [1999 c.1100 §2; 2001 c.104 §304; 2001 c.780 §§18,18a; 2007 c.867 §12; 2007 c.879 §5]
Section: Previous 809.620 809.630 809.640 809.650 809.660 809.698 809.700 809.702 809.710 809.715 809.716 809.720 809.725 809.730 809.735 NextLast modified: August 7, 2008