1. Any tool, implement, or instrumentality, including a motor vehicle or motor vehicle part, used or possessed in connection with any violation of section 39-30-02 may be seized by a member of a state or local law enforcement agency upon process issued by any court of competent jurisdiction.

2. Seizure of property described in subsection 1 may be made by a member of a state or local law enforcement agency without process: a. If in accordance with any applicable law or regulation; b. If the seizure is incident to inspection under an administrative inspection warrant; c. If the seizure is incident to search made under a search warrant;

d. If the seizure is incident to a lawful arrest; e. If the seizure is made pursuant to a valid consent to search; f. If the property seized has been the subject of a prior judgment in favor of the state in a criminal proceeding or in an injunction or forfeiture proceeding under section 39-30-05; or g. If there are reasonable grounds to believe that the property is directly or indirectly dangerous to health or safety.

3. When property is seized under this section, the seizing agency may: a. Place the property under seal; or b. Remove the property to a place selected and designated by the seizing party.