Seizure and sale of a motor vehicle or motorboat

  1. Law
  2. Arkansas Code
  3. Criminal Offenses
  4. Offenses Against Public Health, Safety, or Welfare
  5. Driving or Boating While Intoxicated
  6. General Provisions
  7. Seizure and sale of a motor vehicle or motorboat

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  1. (a)

    1. (1)

      1. (A) A person who pleads guilty or nolo contendere to or is found guilty of violating § 5-65-103 for a fourth or subsequent offense occurring within five (5) years of the first offense may have his or her motor vehicle or motorboat seized at the discretion of the court.

      2. (B) A motor vehicle or motorboat seized under this section shall be the motor vehicle or motorboat that the person was operating or was in actual physical control of at the time he or she committed the fourth offense.

      3. (C) The title to the motor vehicle or motorboat is forfeited to the state if the motor vehicle or motorboat is seized under this section.

    2. (2)

      1. (A) It is the duty of the county sheriff of the county where the offense occurred to seize the motor vehicle or motorboat if seizure is ordered by the court.

      2. (B) The court may issue an order directing the county sheriff to sell the seized motor vehicle or motorboat at a public auction to the highest bidder within thirty (30) days from the date of judgment.

  2. (b)

    1. (1) The county sheriff shall advertise the motor vehicle or motorboat for sale for a period of two (2) weeks prior to the date of sale by at least one (1) insertion per week in a newspaper having a bona fide circulation in the county.

    2. (2) The notice shall include a brief description of the motor vehicle or motorboat to be sold and the time, place, and terms of the sale.

  3. (c) The proceeds of the sale of the seized motor vehicle or motorboat shall be deposited into the county general fund.

  4. (d)

    1. (1) The county sheriff shall report his or her actions to the court in which the defendant was tried after the county sheriff has made the sale and has turned over the proceeds of the sale to the county treasurer.

    2. (2) The report required by subdivision (d)(1) of this section shall be filed with the court within sixty (60) days from the date of judgment.

  5. (e) A forfeiture of a motor vehicle or motorboat under this section that is encumbered by a bona fide security interest is subject to the interest of the secured party if the secured party neither had knowledge of nor consented to the offense.


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