(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) A chemical test of the person’s breath or blood disclosed a blood alcohol content of 0.08 percent or more by weight of alcohol in the blood of the person as shown by chemical analysis of the breath or blood;
(ii) The person refused to submit to a chemical test of the person’s breath or blood; or
(iii) A chemical test of the person’s breath, blood or urine disclosed a blood alcohol content of more than 0.00 but less than 0.08 percent by weight of alcohol in the blood of the person as shown by chemical analysis of the breath or blood and disclosed the presence of cannabis, psilocybin, 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 and the test disclosed a blood alcohol content below 0.08 percent by weight of alcohol in the blood of the person as shown by chemical analysis of the breath or blood.
(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 manufacturer’s representative 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;
(b) The district attorney or the city prosecutor; and
(c) The Oregon State Police. [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; 2019 c.200 §4; 2019 c.475 §10a; 2021 c.253 §14]
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.