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OREGON DUII DIVERSION GUIDE



David N Lesh
Oregon Diversion Defense Attorney
Oregon Super Lawyer 2018 and 2019

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If I enter diversion on my DUII will I have to install an ignition interlock device?

Generally, an ignition interlock device (IID) is required if you enter the DUII diversion program.    For example, an IID is required if:

  • your BAC was .08% or above;

  • you refused a breath, blood, or urine test; or

  • your BAC was between .01% and .07% and your urine or blood showed the presence of cannabis, a controlled substance, or an inhalant.

The court may order an IID if your BAC was less than .08% and you showed no presence of cannabis, a controlled substance, or an inhalant in a chemical test.

Additionally, the court may exempt anyone entering diversion from an IID if the person meets the requirements for a medical exemption under DMV rules.  See ORS 813.602.

 


 

 

IGNITION INTERLOCK DEVICES

 

      ORS 813.599 Definitions. As used in ORS chapter 813:

      (1) “Ignition interlock device technician” means an individual employed by a service center to install, service, repair, monitor, maintain, calibrate or remove ignition interlock devices.

      (2) “Negative report” includes a report of tampering with an ignition interlock device, unauthorized removal of an ignition interlock device, lockout or a test violation recorded by an ignition interlock device.

      (3) “Service center” means a private entity that installs, services, repairs, monitors, maintains, calibrates and removes ignition interlock devices in this state.

      (4) “Test violation” means:

      (a) For a person who is required to use an ignition interlock device as a condition of a driving while under the influence of intoxicants diversion agreement:

      (A) An attempt to start a vehicle while the person has a blood alcohol content higher than 0.00 percent by weight unless a subsequent test performed within 10 minutes registers a blood alcohol content of 0.00 percent by weight and a digital image confirms that the same person provided both samples; or

      (B) Failure to pass a random retest due to a blood alcohol content of over 0.00 percent by weight unless a subsequent test performed within 10 minutes registers a blood alcohol content of 0.00 by weight and a digital image confirms that the same person provided both samples;

      (b) For a person who is required to use an ignition interlock device and is not subject to a driving while under the influence of intoxicants diversion agreement:

      (A) An attempt to start a vehicle while the person has a blood alcohol level of 0.04 percent by weight or higher unless a subsequent test performed within 10 minutes registers a blood alcohol content lower than 0.04 percent by weight and a digital image confirms that the same person provided both samples; or

      (B) Failure to pass a random retest due to a blood alcohol content of 0.02 percent by weight or higher unless a subsequent test performed within 10 minutes registers a blood alcohol content lower than 0.02 percent by weight and a digital image confirms that the same person provided both samples; or

      (c) For any person required to use an ignition interlock device, a failure to take a random retest. [2017 c.655 §2]

 

      Note: 813.599 becomes operative July 1, 2018. See section 23, chapter 655, Oregon Laws 2017.

 

      ORS 813.600 Ignition interlock program; rules. (1) The Department of Transportation, in consultation with the Transportation Safety Committee, shall establish a program for the use of ignition interlock devices by persons convicted of driving while under the influence of intoxicants and granted hardship permits under ORS 807.240 and by persons who have entered into a driving while under the influence of intoxicants diversion agreement.

      (2) The department shall adopt rules that specify requirements for ignition interlock devices that may be used and shall publish a list of devices that meet the requirements. The list may include devices that:

      (a) Do not impede the safe operation of the vehicle;

      (b) Have the fewest opportunities to be bypassed;

      (c) Correlate well with established measures of alcohol impairment;

      (d) Work accurately and reliably in an unsupervised environment;

      (e) Require a deep lung breath sample or other accurate measure of blood alcohol content equivalence;

      (f) Resist tampering and give evidence if tampering is attempted;

      (g) Are difficult to circumvent, and require premeditation to do so;

      (h) Minimize inconvenience to a sober user;

      (i) Operate reliably over the range of automobile environments or automobile manufacturing standards;

      (j) Are manufactured by a party who is adequately insured for product liability;

      (k) Have a label affixed in a prominent location warning that any person tampering with, circumventing or otherwise misusing the device is subject to civil penalty; and

      (L) If there is a test violation, record the locational coordinate information of the vehicle, including latitude and longitude as established by a global positioning system.

      (3) The department shall adopt rules for the annual testing of ignition interlock devices. The rules shall establish standards for the devices and for the performance of the devices. [1987 c.746 §1; 1991 c.453 §14; 1993 c.382 §2; 2011 c.671 §1; 2017 c.655 §7]

 

      Note 1: The amendments to 813.600 by section 7, chapter 655, Oregon Laws 2017, become operative July 1, 2018. See section 23, chapter 655, Oregon Laws 2017. The text that is operative until July 1, 2018, is set forth for the user’s convenience.

      ORS 813.600. (1) The Department of Transportation, in consultation with the Transportation Safety Committee, shall establish a program for the use of ignition interlock devices by persons convicted of driving while under the influence of intoxicants and granted hardship permits under ORS 807.240 and by persons who have entered into a driving while under the influence of intoxicants diversion agreement.

      (2) The department shall adopt rules that specify requirements for ignition interlock devices that may be used and shall publish a list of devices that meet the requirements. The list may include devices that:

      (a) Do not impede the safe operation of the vehicle;

      (b) Have the fewest opportunities to be bypassed;

      (c) Correlate well with established measures of alcohol impairment;

      (d) Work accurately and reliably in an unsupervised environment;

      (e) Require a deep lung breath sample or other accurate measure of blood alcohol content equivalence;

      (f) Resist tampering and give evidence if tampering is attempted;

      (g) Are difficult to circumvent, and require premeditation to do so;

      (h) Minimize inconvenience to a sober user;

      (i) Operate reliably over the range of automobile environments or automobile manufacturing standards;

      (j) Are manufactured by a party who is adequately insured for product liability; and

      (k) Have a label affixed in a prominent location warning that any person tampering with, circumventing or otherwise misusing the device is subject to civil penalty.

 

      Note 2: The amendments to 813.600 by section 19, chapter 655, Oregon Laws 2017, become operative July 1, 2019. See section 24, chapter 655, Oregon Laws 2017. The text that is operative on and after July 1, 2019, is set forth for the user’s convenience.

      ORS 813.600. (1) The Department of State Police, in consultation with the Transportation Safety Committee, shall establish a program for the use of ignition interlock devices by persons convicted of driving while under the influence of intoxicants and granted hardship permits under ORS 807.240 and by persons who have entered into a driving while under the influence of intoxicants diversion agreement.

      (2) The department shall adopt rules that specify requirements for ignition interlock devices that may be used and shall publish a list of devices that meet the requirements. The list may include devices that:

      (a) Do not impede the safe operation of the vehicle;

      (b) Have the fewest opportunities to be bypassed;

      (c) Correlate well with established measures of alcohol impairment;

      (d) Work accurately and reliably in an unsupervised environment;

      (e) Require a deep lung breath sample or other accurate measure of blood alcohol content equivalence;

      (f) Resist tampering and give evidence if tampering is attempted;

      (g) Are difficult to circumvent, and require premeditation to do so;

      (h) Minimize inconvenience to a sober user;

      (i) Operate reliably over the range of automobile environments or automobile manufacturing standards;

      (j) Are manufactured by a party who is adequately insured for product liability;

      (k) Have a label affixed in a prominent location warning that any person tampering with, circumventing or otherwise misusing the device is subject to civil penalty; and

      (L) If there is a test violation, record the locational coordinate information of the vehicle, including latitude and longitude as established by a global positioning system.

      (3) The department shall adopt rules for the annual testing of ignition interlock devices. The rules shall establish standards for the devices and for the performance of the devices.

 

      ORS 813.602 Circumstances under which ignition interlock device required; exemptions; rules. (1) Subject to subsection (2) of this section, when a person is convicted of driving while under the influence of intoxicants in violation of ORS 813.010 or of a municipal ordinance, the Department of Transportation, in addition to any other requirement, shall require that the person have installed and be using an approved ignition interlock device in any vehicle operated by the person:

      (a) Before the person is eligible for a hardship permit. The requirement is a condition of the hardship permit for the duration of the hardship permit.

      (b) For a first conviction, for one year after the ending date of the suspension or revocation caused by the conviction. Violation of the condition imposed under this paragraph is a Class A traffic violation.

      (c) For a second or subsequent conviction, for two years after the ending date of the suspension or revocation caused by the conviction. Violation of the condition imposed under this paragraph is a Class A traffic violation.

      (2) When a person is convicted of a crime or multiple crimes as described in this subsection, the department, in addition to any other requirement, shall require that the person have installed and be using an approved ignition interlock device in any vehicle operated by the person for five years after the ending date of the longest running suspension or revocation caused by any of the convictions. Violation of the condition imposed under this subsection is a Class A traffic violation. A person is subject to this subsection when the person is convicted of:

      (a) Driving while under the influence of intoxicants in violation of ORS 813.010 or of a municipal ordinance and any of the following crimes as part of the same criminal episode:

      (A) Any degree of murder.

      (B) Manslaughter in the first or second degree.

      (C) Criminally negligent homicide.

      (D) Assault in the first degree.

      (b) Aggravated vehicular homicide.

      (c) Driving while under the influence of intoxicants in violation of ORS 813.010 or of a municipal ordinance and the person’s driving privileges are revoked under ORS 809.235 (1)(b) and later ordered restored under ORS 809.235 (4).

      (3)(a) Except as provided in paragraph (c) of this subsection, as a condition of a driving while under the influence of intoxicants diversion agreement:

      (A) The court shall require that an approved ignition interlock device be installed and used in any vehicle operated by the person during the period of the agreement when the person has driving privileges if:

      (i) The person submitted to a chemical test of the person’s breath or blood as required under ORS 813.100 and the test disclosed a blood alcohol content of 0.08 percent or more by weight;

      (ii) The person refused to submit to a chemical test of the person’s breath or blood; or

      (iii) The person submitted to a chemical test of the person’s breath, blood or urine as required under ORS 813.100 or 813.131 and the test disclosed a blood alcohol content of more than 0.00 percent by weight but less than 0.08 percent by weight and disclosed the presence of cannabis, a controlled substance or an inhalant.

      (B) The court may require that an approved ignition interlock device be installed and used in any vehicle operated by the person during the period of the agreement when the person has driving privileges if the person submitted to a chemical test of the person’s breath, blood or urine as required under ORS 813.100 or 813.131 and the test disclosed a blood alcohol content below 0.08 percent by weight.

      (b) In addition to any action taken under ORS 813.255, violation of the condition imposed under this subsection is a Class A traffic violation.

      (c) A court may exempt a person from the condition in a diversion agreement to have installed and be using an ignition interlock device if the court determines that the person meets the requirements for a medical exemption in accordance with rules adopted by the department under this section. A person granted a medical exemption under this paragraph shall carry proof of the medical exemption with the person while operating any vehicle.

      (4) The department shall adopt rules permitting medical exemptions from the requirements of installation and use of an ignition interlock device under this section.

      (5) When a person is required to install an ignition interlock device under subsection (2) of this section, the service center providing the device shall provide notice of any installation or removal of the device or any tampering with the device to:

      (a) The supervising court or to the court’s designee, including but not limited to an agency or organization certified by the Oregon Health Authority under ORS 813.025; and

      (b) The district attorney or the city prosecutor. [1987 c.746 §2; 1989 c.576 §1; 1991 c.453 §15; 1993 c.382 §3; 1993 c.627 §6; 1999 c.770 §7; 2001 c.786 §4; 2003 c.26 §1; 2007 c.655 §1; 2009 c.599 §26; 2011 c.671 §2; 2012 c.66 §1; 2013 c.315 §1; 2015 c.251 §1; 2015 c.577 §11; 2017 c.21 §89; 2017 c.655 §11]

 

      Note: The amendments to 813.602 by section 11, chapter 655, Oregon Laws 2017, become operative July 1, 2018. See section 23, chapter 655, Oregon Laws 2017. The text that is operative until July 1, 2018, including amendments by section 89, chapter 21, Oregon Laws 2017, is set forth for the user’s convenience.

      ORS 813.602. (1) Subject to subsection (2) of this section, when a person is convicted of driving while under the influence of intoxicants in violation of ORS 813.010 or of a municipal ordinance, the Department of Transportation, in addition to any other requirement, shall require that the person have installed and be using an approved ignition interlock device in any vehicle operated by the person:

      (a) Before the person is eligible for a hardship permit. The requirement is a condition of the hardship permit for the duration of the hardship permit.

      (b) For a first conviction, for one year after the ending date of the suspension or revocation caused by the conviction. Violation of the condition imposed under this paragraph is a Class A traffic violation.

      (c) For a second or subsequent conviction, for two years after the ending date of the suspension or revocation caused by the conviction. Violation of the condition imposed under this paragraph is a Class A traffic violation.

      (2) When a person is convicted of a crime or multiple crimes as described in this subsection, the department, in addition to any other requirement, shall require that the person have installed and be using an approved ignition interlock device in any vehicle operated by the person for five years after the ending date of the longest running suspension or revocation caused by any of the convictions. Violation of the condition imposed under this subsection is a Class A traffic violation. A person is subject to this subsection when the person is convicted of:

      (a) Driving while under the influence of intoxicants in violation of ORS 813.010 or of a municipal ordinance and any of the following crimes as part of the same criminal episode:

      (A) Any degree of murder.

      (B) Manslaughter in the first or second degree.

      (C) Criminally negligent homicide.

      (D) Assault in the first degree.

      (b) Aggravated vehicular homicide.

      (c) Driving while under the influence of intoxicants in violation of ORS 813.010 or of a municipal ordinance and the person’s driving privileges are revoked under ORS 809.235 (1)(b) and later ordered restored under ORS 809.235 (4).

      (3)(a) Except as provided in paragraph (c) of this subsection, as a condition of a driving while under the influence of intoxicants diversion agreement:

      (A) The court shall require that an approved ignition interlock device be installed and used in any vehicle operated by the person during the period of the agreement when the person has driving privileges if:

      (i) The person submitted to a chemical test of the person’s breath or blood as required under ORS 813.100 and the test disclosed a blood alcohol content of 0.08 percent or more by weight;

      (ii) The person refused to submit to a chemical test of the person’s breath or blood; or

      (iii) The person submitted to a chemical test of the person’s breath, blood or urine as required under ORS 813.100 or 813.131 and the test disclosed a blood alcohol content of more than 0.00 percent by weight but less than 0.08 percent by weight and disclosed the presence of cannabis, a controlled substance or an inhalant.

      (B) The court may require that an approved ignition interlock device be installed and used in any vehicle operated by the person during the period of the agreement when the person has driving privileges if the person submitted to a chemical test of the person’s breath, blood or urine as required under ORS 813.100 or 813.131 and the test disclosed a blood alcohol content below 0.08 percent by weight.

      (b) In addition to any action taken under ORS 813.255, violation of the condition imposed under this subsection is a Class A traffic violation.

      (c) A court may exempt a person from the condition in a diversion agreement to have installed and be using an ignition interlock device if the court determines that the person meets the requirements for a medical exemption in accordance with rules adopted by the department under this section. A person granted a medical exemption under this paragraph shall carry proof of the medical exemption with the person while operating any vehicle.

      (4) The department shall adopt rules permitting medical exemptions from the requirements of installation and use of an ignition interlock device under this section.

      (5) When a person is required to install an ignition interlock device under subsection (2) of this section, the provider of the device shall provide notice of any installation or removal of the device or any tampering with the device to:

      (a) The supervising court or to the court’s designee, including but not limited to an agency or organization certified by the Oregon Health Authority under ORS 813.025; and

      (b) The district attorney or the city prosecutor.

 

      813.603 Waiver of costs of ignition interlock device; rules. (1) Except as provided in subsection (2) of this section, if an ignition interlock device is ordered or required under ORS 813.602, the person so ordered or required shall pay to the service center the reasonable costs of leasing, installing and maintaining the device. A payment schedule may be established for the person by the Department of Transportation.

      (2) The department may waive, in whole or in part, or defer the person’s responsibility to pay all or part of the costs under subsection (1) of this section if the person meets the criteria for indigence established for waiving or deferring such costs under subsection (3) of this section. If the person’s responsibility for costs is waived, then notwithstanding ORS 813.270, the costs described in subsection (1) of this section must be paid from the Intoxicated Driver Program Fund.

      (3) The department, by rule, shall establish criteria and procedures for qualification to waive or defer costs described under subsection (1) of this section for indigence. The criteria must be consistent with the standards for indigence adopted by the federal government for purposes of the Supplemental Nutrition Assistance Program. [2015 c.577 §7; 2017 c.655 §12]

 

      Note 1: The amendments to 813.603 by section 12, chapter 655, Oregon Laws 2017, become operative July 1, 2018. See section 23, chapter 655, Oregon Laws 2017. The text that is operative until July 1, 2018, is set forth for the user’s convenience.

      813.603. (1) Except as provided in subsection (2) of this section, if an ignition interlock device is ordered or required under ORS 813.602, the person so ordered or required shall pay to the provider the reasonable costs of leasing, installing and maintaining the device. A payment schedule may be established for the person by the Department of Transportation.

      (2) The department may waive, in whole or in part, or defer the person’s responsibility to pay all or part of the costs under subsection (1) of this section if the person meets the criteria for indigence established for waiving or deferring such costs under subsection (3) of this section. If the person’s responsibility for costs is waived, then notwithstanding ORS 813.270, the costs described in subsection (1) of this section must be paid from the Intoxicated Driver Program Fund.

      (3) The department, by rule, shall establish criteria and procedures for qualification to waive or defer costs described under subsection (1) of this section for indigence. The criteria must be consistent with the standards for indigence adopted by the federal government for purposes of the Supplemental Nutrition Assistance Program.

 

      Note 2: The amendments to 813.603 by section 20, chapter 655, Oregon Laws 2017, become operative July 1, 2019. See section 24, chapter 655, Oregon Laws 2017. The text that is operative on and after July 1, 2019, is set forth for the user’s convenience.

      813.603. (1) Except as provided in subsection (2) of this section, if an ignition interlock device is ordered or required under ORS 813.602, the person so ordered or required shall pay to the service center the reasonable costs of leasing, installing and maintaining the device. A payment schedule may be established for the person by the Department of State Police, in consultation with the Transportation Safety Committee.

      (2) The department may waive, in whole or in part, or defer the person’s responsibility to pay all or part of the costs under subsection (1) of this section if the person meets the criteria for indigence established for waiving or deferring such costs under subsection (3) of this section. If the person’s responsibility for costs is waived, then notwithstanding ORS 813.270, the costs described in subsection (1) of this section must be paid from the Intoxicated Driver Program Fund.

      (3) The department, by rule, shall establish criteria and procedures for qualification to waive or defer costs described under subsection (1) of this section for indigence. The criteria must be consistent with the standards for indigence adopted by the federal government for purposes of the Supplemental Nutrition Assistance Program.

 

      Note 3: 813.603 was added to and made a part of ORS chapter 813 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

 

      813.604 Notice of court order; notation on hardship permit; rules. (1) When a court orders installation of an ignition interlock device pursuant to ORS 813.602, the court shall send a copy of the order to the Department of Transportation. The department shall note the requirement on the driving record of the person required to install the device.

      (2) The department may not issue a hardship permit under ORS 807.240 to any person who is ordered to install an ignition interlock device on the person’s vehicle until the person furnishes the department satisfactory proof that the device has been installed on any vehicle owned or operated by the person. The department shall determine by rule what constitutes satisfactory proof under this subsection.

      (3) When the department issues a hardship permit to a person who is required to have an ignition interlock device, the department shall note on the permit that the device is required. The notation constitutes a limitation on the permit and a person who violates the limitation is punishable as provided in ORS 811.182 for criminal driving while suspended or revoked. [1987 c.746 §3; 1989 c.398 §2; 1997 c.249 §235]

 

      813.606 Exception for employee otherwise required to have device. Notwithstanding ORS 813.604, if a person is required, in the course and scope of the person’s employment, to operate a motor vehicle owned by the person’s employer, the person may operate that vehicle without installation of an ignition interlock device if:

      (1) The employer has been notified:

      (a) That the employee is operating with a hardship permit restricted as provided in ORS 813.604;

      (b) That the employee is operating on a fully reinstated license within the first year following suspension or revocation for the employee’s first conviction of driving while under the influence of intoxicants;

      (c) That the employee is operating on a fully reinstated license within the second year following suspension or revocation for the employee’s second or subsequent conviction of driving while under the influence of intoxicants; or

      (d) That the employee has driving privileges and is otherwise required to install an ignition interlock device as a condition of a driving while under the influence of intoxicants diversion agreement; and

      (2) The employee has proof of the notification and, if applicable, a fully reinstated license in the possession of the employee while operating the employer’s vehicle in the course of employment. [1987 c.746 §4; 1999 c.770 §8; 2001 c.786 §5; 2011 c.355 §17; 2013 c.315 §2]

 

      813.608 Knowingly furnishing motor vehicle without ignition interlock device; penalty. (1) A person commits the offense of knowingly furnishing a motor vehicle without an ignition interlock device to someone who is not authorized to drive such a vehicle if the person rents, leases, lends or otherwise furnishes a motor vehicle to someone the person knows to have been ordered or required under ORS 813.602, to install an ignition interlock device, and the motor vehicle is not equipped with such a device that is in working order.

      (2) The offense described in this section, knowingly furnishing a motor vehicle without an ignition interlock device to someone who is not authorized to drive such a vehicle, is a Class A traffic violation. [1987 c.746 §5; 1989 c.576 §2]

 

      ORS 813.610 Soliciting another to blow into ignition interlock device; penalty. (1) A person commits the offense of unlawfully soliciting another to blow into an ignition interlock device or start a motor vehicle equipped with an ignition interlock device if the person has such a device as a result of an order or requirement under ORS 813.602 and the person requests or solicits another to blow into the device or start the motor vehicle so as to circumvent the device.

      (2) The offense described in this section, unlawfully soliciting another to blow into an ignition interlock device or start a motor vehicle equipped with an ignition interlock device, is a Class A traffic violation. [1987 c.746 §6; 1989 c.576 §3]

 

      ORS 813.612 Unlawfully blowing into ignition interlock device; penalty. (1) A person commits the offense of unlawfully blowing into an ignition interlock device or starting a motor vehicle equipped with an ignition interlock device if, for the purpose of providing an operable motor vehicle for someone required under ORS 813.602 to have such a device, the person blows into an ignition interlock device or starts an automobile equipped with the device.

      (2) This section does not apply to a person who is required to have an ignition interlock device and who blows into or starts the person’s own vehicle that is so equipped.

      (3) The offense described in this section, unlawfully blowing into an ignition interlock device or starting a motor vehicle equipped with an ignition interlock device, is a Class A traffic violation. [1987 c.746 §7]

 

      ORS 813.614 Tampering with ignition interlock device; penalty. (1) A person commits the offense of tampering with an ignition interlock device if the person does anything to a device that was ordered installed pursuant to ORS 813.602 that circumvents the operation of the device.

      (2) The offense described in this section, tampering with an ignition interlock device, is a Class A traffic violation. [1987 c.746 §9]

 

      ORS 813.616 Use of certain moneys to pay for ignition interlock program. Notwithstanding ORS 813.270, moneys in the Intoxicated Driver Program Fund may be used to pay for administration and evaluation of the ignition interlock program established by ORS 813.600 to 813.616 and for the costs of participation in the program for indigents. [1987 c.746 §8; 1993 c.382 §4]

 

      ORS 813.620 Suspension of driving privileges for failing to provide proof of device installation or for tampering with device. (1) At the end of the suspension or revocation resulting from a conviction for driving while under the influence of intoxicants in violation of ORS 813.010 or of a municipal ordinance, the Department of Transportation shall suspend the driving privileges or right to apply for driving privileges of a person who has not submitted proof to the department that an ignition interlock device has been installed in any vehicle operated by the person or who tampers with an ignition interlock device after it has been installed.

      (2) Subject to ORS 813.635, if the department imposes a suspension under subsection (1) of this section for failing to submit proof of installation, the suspension continues until the department receives proof that the ignition interlock device has been installed. If the department does not receive proof that the ignition interlock device has been installed, the suspension shall continue for:

      (a) One year after the ending date of the suspension resulting from the first conviction;

      (b) Except as provided in paragraph (c) of this subsection, two years after the ending date of the suspension resulting from a second or subsequent conviction; or

      (c) Five years after the ending date of the longest running suspension or revocation resulting from a conviction described in ORS 813.602 (2).

      (3) Subject to ORS 813.635, if the department imposes a suspension under subsection (1) of this section for tampering with an ignition interlock device, the suspension continues until:

      (a) One year after the ending date of the suspension resulting from the first conviction;

      (b) Except as provided in paragraph (c) of this subsection, two years after the ending date of the suspension resulting from a second or subsequent conviction; or

      (c) Five years after the ending date of the longest running suspension or revocation resulting from a conviction described in ORS 813.602 (2).

      (4) A person whose driving privileges or right to apply for privileges is suspended under subsection (1) of this section is entitled to administrative review, as described in ORS 809.440. [2015 c.577 §8; 2015 c.577 §12]

 

      ORS 813.630 Notice of ignition interlock device installation and negative reports. (1) This section applies only to a person who has had an ignition interlock device installed as a condition of a driving while under the influence of intoxicants diversion agreement under ORS 813.602 (3).

      (2) After an ignition interlock device is installed, the service center that installed the device shall notify:

      (a) The court that required the device to be installed or the court’s designee, including but not limited to an agency or organization certified by the Oregon Health Authority under ORS 813.025; and

      (b) The district attorney or city prosecutor.

      (3) Notice of the installation must be given within seven business days of installing the ignition interlock device.

      (4) Each time a service center has access to an ignition interlock device that the service center installed, the service center shall download all reports recorded on the device. If the service center downloads a negative report, the service center shall submit the negative report, in a form prescribed by rule by the department, to:

      (a) The court that required the device to be installed or the court’s designee, including but not limited to an agency or organization certified by the Oregon Health Authority under ORS 813.025;

      (b) The district attorney or city prosecutor; and

      (c) The Department of State Police.

      (5) The service center shall submit a negative report as provided in subsection (4) of this section within seven business days of downloading the report. [2015 c.577 §2; 2017 c.655 §8]

 

      Note: The amendments to 813.630 by section 8, chapter 655, Oregon Laws 2017, become operative July 1, 2018. See section 23, chapter 655, Oregon Laws 2017. The text that is operative until July 1, 2018, is set forth for the user’s convenience.

 

      ORS 813.630. (1)(a) As used in this section, “negative report” includes a report of tampering with an ignition interlock device, unauthorized removal of an ignition interlock device, lockout or a test violation recorded by an ignition interlock device.

      (b) The Department of Transportation may by rule further define what constitutes a test violation.

      (2) This section applies only to a person who has had an ignition interlock device installed as a condition of a driving while under the influence of intoxicants diversion agreement under ORS 813.602 (3).

      (3) After an ignition interlock device is installed, the provider that installed the device shall notify:

      (a) The court that required the device to be installed or the court’s designee, including but not limited to an agency or organization certified by the Oregon Health Authority under ORS 813.025; and

      (b) The district attorney or city prosecutor.

      (4) Notice of the installation must be given within seven business days of installing the ignition interlock device.

      (5) Each time a provider has access to an ignition interlock device that the provider installed, the provider shall download all reports recorded on the device. If the provider downloads a negative report, the provider shall submit the negative report, in a form prescribed by rule by the department, to:

      (a) The court that required the device to be installed or the court’s designee, including but not limited to an agency or organization certified by the Oregon Health Authority under ORS 813.025; and

      (b) The district attorney or city prosecutor.

      (6) The provider shall submit a negative report as provided in subsection (5) of this section within seven business days of downloading the report.

 

      ORS 813.635 Consequence for negative reports generated from ignition interlock device. (1) Notwithstanding ORS 813.602 (1)(b) or (c), (2) or (3), the requirement to have an ignition interlock device installed in a vehicle continues until the person submits to the Department of Transportation a certificate from the ignition interlock device service center stating that the device did not record a negative report for the last 90 consecutive days of the required installation period. The department shall remove the ignition interlock device requirement from the person’s driving record as soon as practicable after the department receives the certificate.

      (2) If there is a negative report during the last 90 consecutive days, the person shall continue to use an ignition interlock device beyond the period required under ORS 813.602 (1)(b) or (c), (2) or (3) until the person submits a certificate, in a form prescribed by rule by the department, to the department from the ignition interlock device service center stating that the device has not recorded a negative report for 90 consecutive days, beginning on the date of the most recent negative report.

      (3) This section does not apply to a defendant who is granted an order to vacate the requirement to install an ignition interlock device under ORS 813.645. [2015 c.577 §3; 2017 c.655 §13]

 

      Note: The amendments to 813.635 by section 13, chapter 655, Oregon Laws 2017, become operative July 1, 2018. See section 23, chapter 655, Oregon Laws 2017. The text that is operative until July 1, 2018, is set forth for the user’s convenience.

 

      ORS 813.635. (1)(a) As used in this section, “negative report” includes a report of tampering with an ignition interlock device, unauthorized removal of an ignition interlock device, lockout or a test violation recorded by an ignition interlock device.

      (b) The Department of Transportation may by rule further define what constitutes a test violation.

      (2) Notwithstanding ORS 813.602 (1)(b) or (c), (2) or (3), the requirement to have an ignition interlock device installed in a vehicle continues until the person submits to the department a certificate from the ignition interlock device provider stating that the device did not record a negative report for the last 90 consecutive days of the required installation period. The department shall remove the ignition interlock device requirement from the person’s driving record as soon as practicable after the department receives the certificate.

      (3) If there is a negative report during the last 90 consecutive days, the person shall continue to use an ignition interlock device beyond the period required under ORS 813.602 (1)(b) or (c), (2) or (3) until the person submits a certificate, in a form prescribed by rule by the department, to the department from the ignition interlock device provider stating that the device has not recorded a negative report for 90 consecutive days, beginning on the date of the most recent negative report.

      (4) This section does not apply to a defendant who is granted an order to vacate the requirement to install an ignition interlock device under ORS 813.645.

 

      ORS 813.640 Additional treatment following negative reports. In addition to any other requirement to participate in an alcohol or drug treatment program required by law, if a court receives at least two negative reports, a court may order that the defendant complete, at the defendant’s own expense based on the defendant’s ability to pay, an alcohol or drug treatment program. [2017 c.655 §10]

 

      Note: 813.640 becomes operative July 1, 2018. See section 23, chapter 655, Oregon Laws 2017.

 

      ORS 813.645 Motion to vacate requirement to install and use ignition interlock device. (1) A defendant may apply by motion to the court in which a driving while under the influence of intoxicants diversion agreement described in ORS 813.230 was entered for an order vacating the requirement to install and use an ignition interlock device if the defendant:

      (a) Has complied with the condition of the diversion agreement described in ORS 813.602 (3) for at least six consecutive months and provides a certificate to the court from the ignition interlock device service center stating that the device has not recorded a negative report; and

      (b) The defendant has entered into and is in compliance with any treatment program that the person is required to participate in as a condition of diversion.

      (2) The defendant shall cause to be served on the district attorney or city prosecutor a copy of the motion for an order vacating the requirement to install and use an ignition interlock device under ORS 813.602 (3). The copy of the motion shall be served on the district attorney or city prosecutor at the time the motion is filed with the court. The district attorney or city prosecutor may contest the motion.

      (3) The court shall hold a hearing on a petition filed in accordance with subsection (1) of this section. In determining whether to grant the petition, the court shall consider:

      (a) The nature of the underlying crime for which driving privileges were suspended.

      (b) The blood alcohol content of the defendant at the time of the arrest.

      (c) Any other relevant factors.

      (4) The court may vacate a defendant’s requirement to install and use an ignition interlock device under ORS 813.602 (3) if, after a hearing described in subsection (3) of this section, the court finds by a preponderance of the evidence that the petitioner:

      (a) Has complied with the condition of the diversion agreement described in ORS 813.602 (3) for at least six consecutive months with no negative reports; and

      (b) Has entered into and is in compliance with any treatment program required as a condition of diversion.

      (5) When a court vacates a defendant’s requirement to install and use an ignition interlock device under ORS 813.602 (3), the court shall notify the Department of Transportation. [2015 c.577 §4; 2017 c.655 §14]

 

      Note: The amendments to 813.645 by section 14, chapter 655, Oregon Laws 2017, become operative July 1, 2018. See section 23, chapter 655, Oregon Laws 2017. The text that is operative until July 1, 2018, is set forth for the user’s convenience.

 

      ORS 813.645. (1)(a) As used in this section, “negative report” includes a report of tampering with an ignition interlock device, unauthorized removal of an ignition interlock device, lockout or a test violation recorded by an ignition interlock device.

      (b) The Department of Transportation may by rule further define what constitutes a test violation.

      (2) A defendant may apply by motion to the court in which a driving while under the influence of intoxicants diversion agreement described in ORS 813.230 was entered for an order vacating the requirement to install and use an ignition interlock device if the defendant:

      (a) Has complied with the condition of the diversion agreement described in ORS 813.602 (3) for at least six consecutive months and provides a certificate to the court from the ignition interlock device provider stating that the device has not recorded a negative report; and

      (b) The defendant has entered into and is in compliance with any treatment program that the person is required to participate in as a condition of diversion.

      (3) The defendant shall cause to be served on the district attorney or city prosecutor a copy of the motion for an order vacating the requirement to install and use an ignition interlock device under ORS 813.602 (3). The copy of the motion shall be served on the district attorney or city prosecutor at the time the motion is filed with the court. The district attorney or city prosecutor may contest the motion.

      (4) The court shall hold a hearing on a petition filed in accordance with subsection (2) of this section. In determining whether to grant the petition, the court shall consider:

      (a) The nature of the underlying crime for which driving privileges were suspended.

      (b) The blood alcohol content of the defendant at the time of the arrest.

      (c) Any other relevant factors.

      (5) The court may vacate a defendant’s requirement to install and use an ignition interlock device under ORS 813.602 (3) if, after a hearing described in subsection (4) of this section, the court finds by a preponderance of the evidence that the petitioner:

      (a) Has complied with the condition of the diversion agreement described in ORS 813.602 (3) for at least six consecutive months with no negative reports; and

      (b) Has entered into and is in compliance with any treatment program required as a condition of diversion.

      (6) When a court vacates a defendant’s requirement to install and use an ignition interlock device under ORS 813.602 (3), the court shall notify the department.

 

      ORS 813.660 Service center certification; rules. (1) A person may not establish a service center without first obtaining a certificate from the Department of Transportation.

      (2) A person may apply to the department for a service center certificate under this section. The application shall be in such form as may be specified by the department.

      (3) The department may issue a certificate if the person:

      (a) Meets all of the requirements established by this section and the rules adopted by the department;

      (b) Agrees to provide testimony relating to any aspect of the installation, service, repair, monitoring, maintenance, calibration, use, removal or performance of the ignition interlock device at any criminal proceeding or administrative hearing;

      (c) Utilizes ignition interlock device technicians who meet the minimum standards for qualification as a technician established by the department by rule and who undergo a criminal background check under ORS 813.665;

      (d) Provides service centers statewide, as defined by the department by rule;

      (e) Provides 24-hour telephone assistance to customers; and

      (f) Pays all required fees.

      (4) The department may adopt rules establishing additional requirements for issuance and renewal of certificates under this section.

      (5) The department may refuse to issue or renew or may suspend or revoke any certificate issued under this section in any case where the department finds that the applicant or certificate holder has violated or failed to comply with any rules adopted under this section.

      (6) The department by rule shall establish fees for applications for and issuance and renewal of certificates under this section. The fees shall be in an amount adequate to pay all administrative costs incurred by the department in administering ORS 813.599 and 813.660 to 813.680. The fees shall be designed to cover the costs to the department for issuing or renewing certificates under this section.

      (7) Certificates issued under this section are subject to the following:

      (a) A certificate shall expire two years from the date of issuance unless renewed according to the rules of the department.

      (b) The department may not issue or renew a certificate to a service center until the fee for issuance or renewal of the certificate under this section is paid.

      (c) A fee for a certificate may not be refunded in the event any certificate is refused, suspended or revoked.

      (8) The department may adopt rules for the implementation and administration of ORS 813.599 and 813.660 to 813.680. [2017 c.655 §3]

 

      Note: 813.660 becomes operative July 1, 2018. See section 23, chapter 655, Oregon Laws 2017.

 

      Note: The amendments to 813.660 by section 15, chapter 655, Oregon Laws 2017, become operative July 1, 2019. See section 24, chapter 655, Oregon Laws 2017. The text that is operative on and after July 1, 2019, is set forth for the user’s convenience.

 

      ORS 813.660. (1) A person may not establish a service center without first obtaining a certificate from the Department of State Police.

      (2) A person may apply to the department for a service center certificate under this section. The application shall be in such form as may be specified by the department.

      (3) The department may issue a certificate if the person:

      (a) Meets all of the requirements established by this section and the rules adopted by the department;

      (b) Agrees to provide testimony relating to any aspect of the installation, service, repair, monitoring, maintenance, calibration, use, removal or performance of the ignition interlock device at any criminal proceeding or administrative hearing;

      (c) Utilizes ignition interlock device technicians who meet the minimum standards for qualification as a technician established by the department by rule and who undergo a criminal background check under ORS 813.665;

      (d) Provides service centers statewide, as defined by the department by rule;

      (e) Provides 24-hour telephone assistance to customers; and

      (f) Pays all required fees.

      (4) The department may adopt rules establishing additional requirements for issuance and renewal of certificates under this section.

      (5) The department may refuse to issue or renew or may suspend or revoke any certificate issued under this section in any case where the department finds that the applicant or certificate holder has violated or failed to comply with any rules adopted under this section.

      (6) The department by rule shall establish fees for applications for and issuance and renewal of certificates under this section. The fees shall be in an amount adequate to pay all administrative costs incurred by the department in administering ORS 813.599 and 813.660 to 813.680. The fees shall be designed to cover the costs to the department for issuing or renewing certificates under this section.

      (7) Certificates issued under this section are subject to the following:

      (a) A certificate shall expire two years from the date of issuance unless renewed according to the rules of the department.

      (b) The department may not issue or renew a certificate to a service center until the fee for issuance or renewal of the certificate under this section is paid.

      (c) A fee for a certificate may not be refunded in the event any certificate is refused, suspended or revoked.

      (8) The department may adopt rules for the implementation and administration of ORS 813.599 and 813.660 to 813.680.

 

      ORS 813.665 Criminal background check for service centers; rules. (1) A service center shall conduct a criminal background check before hiring or contracting with an individual as an ignition interlock device technician to determine whether the individual has been convicted of the following:

      (a) Driving while under the influence of intoxicants in violation of ORS 813.010 or the statutory counterpart in another jurisdiction; or

      (b) A criminal offense involving fraud, forgery or theft in any jurisdiction.

      (2) The Department of Transportation shall prescribe by rule the process for conducting a criminal background check.

      (3) If the criminal background check conducted by a service center reveals that the individual who is the subject of the criminal background check has been convicted of any of the crimes described in subsection (1) of this section, the service center may not employ the individual as an ignition interlock device technician. [2017 c.655 §4]

 

      Note: 813.665 becomes operative July 1, 2018. See section 23, chapter 655, Oregon Laws 2017.

 

      Note: The amendments to 813.665 by section 16, chapter 655, Oregon Laws 2017, become operative July 1, 2019. See section 24, chapter 655, Oregon Laws 2017. The text that is operative on and after July 1, 2019, is set forth for the user’s convenience.

 

      ORS 813.665. (1) A service center shall conduct a criminal background check before hiring or contracting with an individual as an ignition interlock device technician to determine whether the individual has been convicted of the following:

      (a) Driving while under the influence of intoxicants in violation of ORS 813.010 or the statutory counterpart in another jurisdiction; or

      (b) A criminal offense involving fraud, forgery or theft in any jurisdiction.

      (2) The Department of State Police shall prescribe by rule the process for conducting a criminal background check.

      (3) If the criminal background check conducted by a service center reveals that the individual who is the subject of the criminal background check has been convicted of any of the crimes described in subsection (1) of this section, the service center may not employ the individual as an ignition interlock device technician.

 

      ORS 813.670 Service centers; complaint process. The Department of Transportation shall adopt a procedure for a person to file a complaint with the department concerning a service center’s failure to comply with a requirement of ORS 813.599 and 813.660 to 813.680. The department shall:

      (1) Provide a response to the complainant no later than 14 days after the date the complaint is filed;

      (2) Complete an investigation of the complaint no later than 90 days after the date the complaint is filed; and

      (3) Provide a written report of the results of the investigation to the service center and to the complainant. [2017 c.655 §5]

 

      Note: 813.670 becomes operative July 1, 2018. See section 23, chapter 655, Oregon Laws 2017.

 

      Note: The amendments to 813.670 by section 17, chapter 655, Oregon Laws 2017, become operative July 1, 2019. See section 24, chapter 655, Oregon Laws 2017. The text that is operative on and after July 1, 2019, is set forth for the user’s convenience.

      ORS 813.670. The Department of State Police shall adopt a procedure for a person to file a complaint with the department concerning a service center’s failure to comply with a requirement of ORS 813.599 and 813.660 to 813.680. The department shall:

      (1) Provide a response to the complainant no later than 14 days after the date the complaint is filed;

      (2) Complete an investigation of the complaint no later than 90 days after the date the complaint is filed; and

      (3) Provide a written report of the results of the investigation to the service center and to the complainant.

 

      ORS 813.680 Ignition Interlock Device Management Fund. (1) The Ignition Interlock Device Management Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Ignition Interlock Device Management Fund shall be credited to the fund.

      (2) Moneys in the Ignition Interlock Device Management Fund consist of:

      (a) Fees collected under ORS 813.660 for issuance or renewal of service center certificates under ORS 813.660;

      (b) Amounts appropriated or otherwise transferred to the fund by the Legislative Assembly;

      (c) Interest and other earnings on moneys in the fund; and

      (d) Other amounts deposited in the fund from any source.

      (3) Moneys in the fund are continuously appropriated to the Department of Transportation for the purpose of fulfilling the department’s duties, functions and powers related to specifying requirements for ignition interlock devices as required under ORS 813.600 and carrying out the regulatory functions of the department relating to service centers, as described in ORS 813.599 and 813.660 to 813.680. [2017 c.655 §6]

 

      Note: 813.680 becomes operative July 1, 2018. See section 23, chapter 655, Oregon Laws 2017.

 

      Note: The amendments to 813.680 by section 18, chapter 655, Oregon Laws 2017, become operative July 1, 2019. See section 24, chapter 655, Oregon Laws 2017. The text that is operative on and after July 1, 2019, is set forth for the user’s convenience.

      ORS 813.680. (1) The Ignition Interlock Device Management Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Ignition Interlock Device Management Fund shall be credited to the fund.

      (2) Moneys in the Ignition Interlock Device Management Fund consist of:

      (a) Fees collected under ORS 813.660 for issuance or renewal of service center certificates under ORS 813.660;

      (b) Amounts appropriated or otherwise transferred to the fund by the Legislative Assembly;

      (c) Interest and other earnings on moneys in the fund; and

      (d) Other amounts deposited in the fund from any source.

      (3) Moneys in the fund are continuously appropriated to:

      (a) The Department of Transportation for the purpose of fulfilling the department’s duties, functions and powers related to specifying requirements for ignition interlock devices as required under ORS 813.600; and

      (b) The Department of State Police for the purpose of carrying out the regulatory functions of the department relating to service centers, as described in ORS 813.599 and 813.660 to 813.680.

 

 

 

 

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