Friday, January 18, 2013

Oregon Statute Rules for DUII

There are two Oregon rules shown below, one is a new ruling from 2012:
1) New ruling 2012
Proof of Treatment Completion Required for Reinstatement of DUII Suspension

DMV proposes to amend OAR 735-070-0085 to specify the criteria for a waiver of proof of DUII treatment completion and the basis for DMV’s finding of just cause.  The rule is being amended further to specify what constitutes proof of completion of a DUII treatment program.

full text:
 http://www.oregon.gov/ODOT/CS/RULES/docs/20120801/735-070-0085finaltext.pdf 
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An ignition interlock device or breath alcohol ignition interlock device (IID and BAIID) is a mechanism, like a breathalyzer, installed on a motor vehicle's dashboard. Before the vehicle's motor can be started, the driver first must exhale into the device; if the resultant breath-alcohol concentration analyzed result is greater than the programmed blood alcohol concentration, the device prevents the engine from being started.
At random times after the engine has been started, the IID will require another breath sample. The purpose of this is to someone other than the driver from providing a breath sample. If the breath sample isn't provided, or the sample exceeds the ignition interlock's preset blood alcohol level, the device will log the event, warn the driver and then start up an alarm (e.g., lights flashing, horn honking) until the ignition is turned off, or a clean breath sample has been provided. A common misconception is that interlock devices will simply turn off the engine if alcohol is detected; this would, however, create an unsafe driving situation and expose interlock manufacturers to considerable liability. (reference from Wikipedia under Creative Commons attribution license :http://en.wikipedia.org/wiki/Ignition_interlock_device )

From State of Oregon web site:
2) IID Requirement
  • Anyone entering into a DUII Diversion Agreement with the court is required to install and maintain an IID. The IID is a condition of the Diversion Agreement and required for the time specified by the court. 
  • Anyone convicted of DUII in Oregon is required to install and maintain an IID. The requirement starts at the end of the DUII suspension caused by the conviction and continues for one or two years. 
  • Anyone convicted and revoked for DUII or other applicable traffic crimes that involved a conviction for DUII is required to install and maintain an IID. The requirement starts at the end of the longest revocation and continues for five years. 
  • Anyone granted a hardship permit during a DUII suspension or during a time specified by the court as a condition of a Diversion Agreement is required to install and maintain an IID.
If you do not install an IID when required due to a DUII conviction or remove the device at anytime during the requirement, DMV will suspend your driving privilege. If the device is required as a condition of a DUII Diversion Agreement (AND YOU DRIVE WITHOUT AN IID), the court may terminate the agreement and convict you of DUII.
  Fees and Costs 
You are responsible for paying all costs related to the ignition interlock device, including the installation, lease, monthly monitoring and removal of the device. 


Gig Wyatt, Attorney at Law
Harris, Wyatt & Amala, LLC
5778 Commercial St SE
Salem, OR 97306
Phone: (503) 378-7744
Fax:        (503) 378-1013