(1) "Ignition interlock device technician" means an individual employed by a service center to install, service, maintain, calibrate or remove ignition interlock devices.
(2) "Manufacturer’s representative" means a business entity:
(a) That is registered with or authorized by the Secretary of State to transact business in this state;
(b) That is designated by an ignition interlock device manufacturer to sell, rent or lease a specific ignition interlock device model in Oregon; and
(c) That provides statewide ignition interlock device service through the operation of a network of service centers.
(3) "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.
(4) "Service center" means a private entity that installs, services, maintains, calibrates and removes ignition interlock devices in this state.
(5) "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 0.02 percent by weight unless a subsequent test performed within 10 minutes registers a blood alcohol content of 0.02 percent by weight or lower 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 higher than 0.02 percent by weight unless a subsequent test performed within 10 minutes registers a blood alcohol content of 0.02 percent by weight or lower 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 higher than 0.02 percent by weight unless a subsequent test performed within 10 minutes registers a blood alcohol content of 0.02 percent by weight or lower 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 higher than 0.02 percent by weight unless a subsequent test performed within 10 minutes registers a blood alcohol content of 0.02 percent by weight or lower 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; 2019 c.200 §3]
Structure 2021 Oregon Revised Statutes
Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation
Chapter 813 - Driving Under the Influence of Intoxicants
Section 813.010 - Driving under the influence of intoxicants; penalty.
Section 813.011 - Felony driving under the influence of intoxicants; penalty.
Section 813.012 - Crime classification for purposes of rules of Oregon Criminal Justice Commission.
Section 813.021 - Requirements for screening interview and treatment program.
Section 813.022 - Proof of treatment.
Section 813.023 - Alternative payment methods for screening interview or treatment program.
Section 813.030 - Amount of fee; distribution.
Section 813.055 - Civil penalty for violation of out-of-service order or notice.
Section 813.095 - Offense of refusal to take a test for intoxicants; penalty.
Section 813.110 - Temporary permit upon confiscation of license.
Section 813.120 - Police report to department.
Section 813.130 - Rights of and consequences for person asked to take test.
Section 813.131 - Implied consent to urine test; privacy; laboratories for analysis.
Section 813.132 - Consequences of refusing to take urine test; exception.
Section 813.140 - Chemical test with consent; unconscious person.
Section 813.170 - Plea agreement prohibited.
Section 813.200 - Notice of availability of diversion; petition; form; contents.
Section 813.210 - Petition; filing fee; screening interview fee; service on prosecutor; objection.
Section 813.215 - Eligibility for diversion.
Section 813.222 - Right of victim to be present at hearing.
Section 813.225 - Petition for extension of diversion period; conditions.
Section 813.230 - Diversion agreement; record; duration; effect of denial.
Section 813.233 - Exemption from completing treatment program in this state.
Section 813.240 - Amount and distribution of filing fee; screening interview fee.
Section 813.250 - Motion to dismiss charge on completion of diversion; admissibility of statements.
Section 813.252 - Motion to dismiss charge when minimal fine amount remains.
Section 813.255 - Termination of diversion.
Section 813.260 - Designation of agencies to perform screening interviews; duties of agency.
Section 813.270 - Intoxicated Driver Program Fund; creation; uses.
Section 813.320 - Effect of implied consent law on evidence.
Section 813.324 - Use of testimony from implied consent hearing as evidence in prosecution.
Section 813.326 - Felony driving while under the influence of intoxicants; prior convictions.
Section 813.328 - Notice of intent to challenge validity of prior convictions.
Section 813.400 - Suspension or revocation upon conviction; duration; review.
Section 813.412 - Role of police officer in implied consent hearing.
Section 813.420 - Duration of suspension for refusal or failure of test.
Section 813.430 - Grounds for increase in duration of suspension.
Section 813.440 - Grounds for hearing on validity of suspension; rules.
Section 813.450 - Appeal from suspension for refusal or failure of breath test.
Section 813.470 - Department notation on record of person acquitted after suspension.
Section 813.520 - Limitations on authority to issue hardship permit or reinstate driving privileges.
Section 813.599 - Definitions.
Section 813.600 - Ignition interlock program; rules.
Section 813.602 - Circumstances under which ignition interlock device required; exemptions; rules.
Section 813.603 - Waiver of costs of ignition interlock device; rules.
Section 813.604 - Notice of court order; notation on hardship permit; rules.
Section 813.606 - Exception for employee otherwise required to have device.
Section 813.608 - Knowingly furnishing motor vehicle without ignition interlock device; penalty.
Section 813.610 - Soliciting another to blow into ignition interlock device; penalty.
Section 813.612 - Unlawfully blowing into ignition interlock device; penalty.
Section 813.614 - Tampering with ignition interlock device; penalty.
Section 813.630 - Notice of ignition interlock device installation and negative reports.
Section 813.635 - Consequence for negative reports generated from ignition interlock device; rules.
Section 813.645 - Motion to vacate requirement to install and use ignition interlock device.
Section 813.660 - Service center and manufacturer’s representative certification; fees; rules.
Section 813.665 - Criminal background check for technicians; rules.
Section 813.670 - Complaint process.
Section 813.680 - Ignition Interlock Device Management Fund.