DUII Forfeiture Program

DUII Signage

In 1994, the Lincoln County Board of Commissioners enacted Ordinance # 335 (codified as LCC 2.3000 and 2.3005), which was followed by companion city ordinances from all cities in Lincoln County, thus making the program county wide.

The Ordinance generally provides that a vehicle is subject to seizure and possible forfeiture if it is being driven by a person who is under the influence of intoxicants (DUII) and the person has at least one prior DUII the previous 10 years.

The Lincoln County Sheriff's Office is charged with enforcement of the Ordinance, and the Office of Lincoln County Legal Counsel processes those seizures.

 

The program generally works like this:
  1. If a person is arrested for DUII by the Sheriff's Office, and the person does not have a prior DUII within the previous 10 years, their vehicle is impounded in accordance with state law. The owner of the car can reclaim it upon payment of a $150 administrative fee, plus the costs of towing and storage.
  2. If a person is arrested for DUII by the Sheriff's Office, and the person has one prior DUII within the previous 10 years, their vehicle is seized in accordance with ordinance and state law. The person is eligible for administrative release of their vehicle upon signing a release agreement and payment of a $250 administrative fee, plus the costs of towing and storage.
  3. If a person is arrested for DUII by the Sheriff's Office, and they have two or more prior DUII's within the previous 10 years, their vehicle is seized and forfeited in accordance with ordinance and state law.

 

From August 5, 1994 (the date the Ordinance went into effect) to November 11, 2008, there have been 151 seizures (categories (2) and (3) above), of which 85 were administratively released, 65 were forfeited, and 1 is currently pending.

Once a vehicle has been forfeited, it is either auctioned, sold to a licensed wrecker, or sold through the State's surplus property program.

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