Statutes / ORS 430.399

ORS 430.399

Civil detox custody — the statute under which an intoxicated person may be taken into protective custody and transported to a sobering facility. The Wilcox inventory arose under this section.

STATUS — IN EFFECT ORS CHAPTER 430 · OFFICIAL TEXT AT OREGONLEGISLATURE.GOV

What it provides, in plain English

Civil, protective custody — not a criminal arrest. The hold exists so a person who is intoxicated in a public place can be taken somewhere safe to sober up. Being held under this section is not itself a charge.
Who may be taken: a person in a public place who is intoxicated — including a person found intoxicated at a hospital, as in Wilcox — may be taken into custody and transported to a sobering or treatment facility.
Property is inventoried incident to the hold. How far that inventory may go on this kind of custody is governed by Wilcox — the case below.

The caselaw on this statute

STILL CONTROLLING — REFERENCE SUMMARY

State v. Wilcox

374 Or 498 (2025) · Oregon Supreme Court, en banc · James, J.

On a purely civil detox hold, a closed, opaque container that does not announce its contents may not be opened during an inventory — even under a valid, non-discretionary inventory policy.

INVENTORY · CIVIL DETOX HOLD (ORS 430.399) · ARTICLE I, § 9

READ THE FULL CARD →

Every case in the library that construes ORS 430.399 appears on this page automatically, newest first, each carrying its live status. 1 card cites this statute today.

Related provisions + topics

ARTICLE I, § 9 — OREGON CONSTITUTION TOPIC: ARTICLE I, § 9 TOPIC: CIVIL DETOX HOLD (ORS 430.399)TOPIC: INVENTORY

Amendment Watch

Statute text and amendments are tracked against the official Oregon Revised Statutes and session law published by the Oregon Legislature.

When the legislature amends a statute that has a page here, the amendment is flagged on the page — old text and new text on the record — and noted in the next edition.

Amendments recorded for ORS 430.399: none yet on this page.