If you are convicted of DUI in Oregon or if you enter into the Oregon DUI Diversion Program, you will be required to install an Ignition Interlock Device in any vehicle you intend to drive on public highways or premises open to the public. However there are Interlock Ignition Device exemptions.Oregon law is generally codified into the Oregon Revised Statutes (ORS) and Oregon Administrative Rules (OARs), and these statues/rules have been modified over the years to provide some relief to drivers who either cannot install an Interlock Ignition Device (IID) in their vehicle (due to the nature of their employment) or who cannot effectively use an IID because of a physical or medical condition.
Medical Interlock Ignition Device Exemptions for DUI Diversions
ORS 813.602(3)(b) allows aparticipantin Oregon’s DUII Diversion Program to avoid installing an IID for medical reasons, “if the court determines that the person meets the requirements for a medical exemption in accordance with rules adopted by (DMV) under this section.” The rules are then further detailed in OAR 735-070-0082:
(1) A person may qualify for a medical exemption from the ignition interlock device (IID) requirement under ORS 813.602(1) and (2) if the person provides satisfactory evidence to DMV that due to a medical condition or impairment the person is unable to operate an IID or unable to safely operate a motor vehicle equipped with an IID. (2) The following definitions apply:
(a) A “health care provider” is a person licensed, certified or otherwise authorized or permitted by law to administer health care in the State of Oregon. For purposes of these rules, the term health care provider is limited to: a chiropractic physician, nurse practitioner, and physician assistant.
(b) A “primary care provider” is a physician or health care provider who is responsible for supervising, coordinating and providing a person’s initial and ongoing health care.
(c) “Unable to safely operate a motor vehicle equipped with an IID” means the person’s medical condition or functional impairment prevents the person from safely operating a motor vehicle when requested to perform an IID rolling retest while operating a motor vehicle equipped with an IID.
(2) To apply for a medical exemption a person must submit a completed IID Medical Exemption form (DMV form 735-6941). The form must be completed by both the person and the person’s primary care provider or the physician or health care provider providing specialized treatment to the person for the particular medical condition or functional impairment that prevents the person from operating an IID or prevents the person from safely operating a motor vehicle equipped with an IID.
(3) The person must fully complete the information in Section 1 of the IID Medical Exemption form, including:
(a) The reason(s) the person is required to install an IID; and
(b) An explanation of why the person believes he or she has a medical condition or functional impairment that prevents the operation of an IID or prevents safe operation of a vehicle equipped with an IID.
(4) Section 2 of the IID Medical Exemption form must be completed by the person’s primary care provider, or a physician or health care provider providing specialized treatment to the person for a medical condition or functional impairment that prevents the person from operating an IID or prevents the person from safely operating a motor vehicle equipped with an IID. The physician or health care provider must determine that in his or her professional opinion the person is unable to operate an IID or is unable to safely operate a vehicle equipped with an IID because of the person’s medical condition or functional impairment, including but not limited to a determination that:
(a) The person has a medical condition or functional impairment that does not allow the person to provide the necessary alveolar air or deep lung air sample to properly operate the device; or
(b) The person consistently has a ketone level in his or her breath which creates a false positive reading of over .025 blood alcohol concentration even though the person has had no alcohol.
(5) If the determination of the physician or health care provider described in section (4) of this rule is not based on subsection (a) or (b), the physician or health care provider must provide a detailed description of why the medical condition or functional impairment prevents the person from operating an IID or prevents the person from safely operating a motor vehicle equipped with an IID.
(6) In completing Section 2 of the IID Medical Exemption form, the physician or health care provider must:
(a) Specify the medical condition or functional impairment that prevents the person from operating an IID or prevents the person from safely operating a vehicle equipped with an IID;
(b) State whether the medical condition or functional impairment is permanent or temporary, and if temporary, the projected length of time; and
(c) Specify why the medical condition or functional impairment prevents the person from operating an IID or prevents the person from safely operating a motor vehicle equipped with an IID.
(7) From the information provided on the IID Medical Exemption form, DMV will determine if the person qualifies for a medical exemption. If DMV determines from the information on the form that the person qualifies, DMV will issue a medical exemption. If DMV is unable to determine from the information provided that the person qualifies, DMV will deny the medical exemption.
(8) If the person’s medical condition or functional impairment is temporary, DMV will issue a temporary IID medical exemption that expires on the date specified in Section 2 of the IID Medical Exemption form, or a date six months from the date of issuance if no date is provided. If the temporary condition or functional impairment continues beyond the expiration date of the temporary IID medical exemption, the person may submit a signed statement from the physician or health care provider who completed the Request for IID Medical Exemption form describing the person’s continuing need for a medical exemption, or the person may submit a new application as set forth in sections (2) through (4) of this rule. From the information submitted DMV will determine if the person continues to qualify for a temporary IID medical exemption.
(9) Before granting or denying an IID medical exemption, DMV may require the person to provide additional information from a physician or health care provider or to obtain a statement from an IID provider that the device cannot be adjusted to accommodate the person’s medical condition or functional impairment.
(10) A person who is granted an IID medical exemption by DMV will be issued a medical exemption letter. The person must carry the IID medical exemption letter issued by DMV when driving.
(11) A person who must install and use an IID as a condition of a DUII diversion agreement must obtain an IID medical exemption from the court. The person must submit a completed IID Medical Exemption form directly to the court that approved the DUII diversion agreement. The court must approve or deny the IID medical exemption request. DMV will not forward an IID Medical Exemption form to a court if it is submitted to DMV in error.
(12) A person may need both an IID medical exemption letter issued by DMV and an IID medical exemption approval issued by a court. An IID medical exemption letter issued by DMV is not valid if the person is required to install an IID as a condition of a DUII diversion. A medical exemption issued by a court is not valid if the requirement to install and use an IID is required for any reason other than a DUII diversion agreement. Both an IID medical exemption letter issued by DMV and IID medical exemption approval issued by a court must be carried by the person when driving.
The Oregon DMV form for anInterlock Ignition Device (IID) Medical Exemption for DUI Diversion is: DMV Form 6941. Note that
Employer Ignition Interlock Device Exemptions
for DUI Diversions and DUI Convictions
The employer-owned vehicle exemption allows employers of persons convicted of DUI or who have entered into the DUII Diversion Program to avoid installing anInterlock Ignition Device (IID) in the employer’s vehicle or vehicles.
ORS 813.606 provides that if an employeeis required– in the course and scope of their employment– to operate a motor vehicle owned by their employer, the employeemay operate that vehicle without anInterlock Ignition Device (IID).This exemption only applies tovehicles registered to an employee’s employer while they are being driven for employment purposes. The full text is as follows:
Exception for Employee Otherwise Required to Have Device:Notwithstanding ORS 813.604, if a person is required, in the course and scope of the persons employment, to operate a motor vehicle owned by the persons 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 employees 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 employees 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 employers vehicle in the course of employment.
The Oregon DMV form for an Employer Ignition Interlock Device (IID) Exemption for DUI Diversion or DUI conviction is: DMV Form 6874. For a list of Oregon IID installers, please see our list of Ignition Interlock Device installers.
FAQs
Who is exempt from ignition interlock device in Oregon? ›
(1) A person may qualify for a medical exemption from the ignition interlock device (IID) requirement under ORS 813.602(1) and (2) if the person provides satisfactory evidence to DMV that due to a medical condition or impairment the person is unable to operate an IID or unable to safely operate a motor vehicle equipped ...
Is there a way to bypass interlock? ›After reviewing all the methods you could try to cheat the ignition interlock device, the bottom line is this: there's simply no good way to circumvent an interlock device. While you may think your situation is special or unique, the interlock device has been installed for a reason.
How do I get my IID removed from Oregon DMV? ›How to Satisfy Your IID Requirement:
Follow the rules. Receive a No Negative Certificate at the end of your requirement. Contact DMV to ensure your IID requirement is lifted. Once all steps are complete, schedule a removal with your IID company.
If you are on Driving Under the Influence (DUI) Diversion and were required by the judge to install an Interlock Device (IID), you may request that the court remove this requirement after six months of using the IID or if you qualify for a medical exemption under Oregon Department of Transportation rules.
Can you refuse a Breathalyzer test in Oregon? ›Refusing to take the test is more serious; the suspension is for at least one year, and you must wait at least 90 days for a hardship permit, even if you qualify. Refusing the test is a traffic violation in itself. If you are convicted of refusing a breath test, the fine will be at least $500 and can be up to $1,000.
Is everyone who gets a DUI in Oregon required to install an ignition interlock device? ›First DUII: If you are convicted of your first DUII, then you will be required to install an Ignition Interlock Device for a period of one year. Second DUII: A second offense will require an ignition interlock (IID) for 24 months.
How to bypass low cost interlock? ›- Using compressed air instead of your own breath to blow into the interlock.
- Asking a friend to blow into the interlock to start your car.
What causes false positives during Breathalyzer tests? If you've used a product that contains alcohol, the Breathalyzer might detect the alcohol concentration and report a false positive. Products that contain alcohol include toothpaste, aftershave, hand sanitizer, bleach, mouthwash, perfume and cologne.
How do you beat interlock? ›Are you wondering, “How to pass interlock when drinking?” The plain answer is you can't. There is no way to fool the system into thinking you haven't been drinking, and cheating the interlock could cost you your place in the program and, thus, your ability to drive.
Will I go to jail for failing interlock Oregon? ›In general, you will not go to jail if you fail one interlock test.
How do you get a DUI dismissed in Oregon? ›
You must file Petitioner's Diversion Agreement and Defendant's Declaration of Eligibility and plead guilty or no contest. The court will hold the plea during the term of diversion. If you complete the diversion program within the time allowed, you must file a motion to dismiss the charge of DUII.
How do I get my license back after a DUI suspension in Oregon? ›In order to restore driving privileges after a permanent revocation, a petition must be filed in circuit court and a hearing conducted. The petition must seek an order from the judge restoring the person's privilege to drive.
When can I get my ignition interlock removed Oregon? ›ORS 163.645 allows Oregonians who are participating in DUII diversion programs to remove the court ordered ignition interlock device requirement after six months.
Can I disconnect battery with interlock? ›Recharging or Replacing Your Battery
When your car's battery dies or is disconnected, your interlock device will record the event as a potential violation, since tampering with the car's battery could occur when someone tries to bypass their interlock device.
Don't leave your car running.
However, your ignition interlock device can prompt you for a random retest at any time, and if you're not in the car to hear the alert, you could miss the test. This missed test counts as a failed test and will be reported, so make sure to shut off your vehicle whenever you aren't driving.
The bottom line is that refusing to take the sobriety tests will cost more in the long run, including larger fines and fees, longer license suspension, and possibly longer jail time if it's not your first offense. 5 If you are stopped, your best bet is to take the tests.
Can you get a DUI under .08 In Oregon? ›08 BAC in Oregon?” In short, yes. You can be charged with DUI even if your blood alcohol content (BAC) is below a . 08.
Does Oregon recognize DUI from other states? ›So, the short answer is, yes a prior conviction for DUII, or an equivalent crime, in another state will affect what happens here in Oregon.
Does Oregon require camera with IID? ›After June 1, 2015 all ignition interlock devices that are installed in Oregon must have a camera. These cameras take a photo each time the ignition interlock device is used. These pictures are used to help identify who blew into the device when and if a failed test result is posted to the ignition interlock device.
How much is an IID Oregon? ›Your average monthly cost of an ignition interlock device in Oregon is between $60 and $100; however, the ignition interlock costs may vary slightly depending on the jurisdiction. Additionally, there may be other fees that will vary as a result of following the Ignition Interlock Device Program in Oregon.
What is the BAC limit for intoxalock in Oregon? ›
The legal limit is . 08 percent blood alcohol content. Refusal to submit to a fluid or field sobriety test will result in a conviction.
What BAC will fail an interlock? ›What Happens if You Fail an Interlock Test? You need to keep your BAC below 0.02% to pass the initial breath test. If you fail a breathalyzer in your car, your vehicle will not turn on and you'll have to wait sometime before you can take the test again.
Does remote start work with interlock? ›The short answer is: No. When your ignition interlock is installed, the service technician will also disable the remote starter. The interlock device bypasses the remote starter.
How long after you stop drinking can you pass an interlock device? ›So the answer to the question, How long after you stop drinking can you pass an ignition interlock device test? is anywhere from 12 to 24 hours after your last drink. So really, you shouldn't plan to drive unless it's been at least 12 hours since your last drink.
What foods set off interlock? ›- Spicy Foods. Spicy meals are constantly used as an example that will cause 'false positive' results in Interlocks. ...
- Sugary Foods. One of the most common culprits is yeast. ...
- Fruit & Fruit Drinks. ...
- Vinegar. ...
- Energy Drinks. ...
- Vanilla Extract. ...
- Mouthwash. ...
- Breath Spray.
What Problems Can Smoking Actually Cause? The biggest problem with smoking and ignition interlock devices is smoke entering the device. This can happen if you are actively smoking when you are performing the required test. You should never blow smoke into the ignition interlock.
What foods can test positive for alcohol? ›Consuming nonalcoholic beer and wine in larger amounts may also produce false positive results because such products may contain a small amount of alcohol. Eating baker's yeast with sugar, drinking large amounts of apple juice, or even eating ripe bananas may cause detectable amounts of EtG and EtS in urine.
How do you get rid of alcohol to pass a breathalyzer? ›You can beat a breathalyzer by hyperventilating, exercising, or holding your breath before you blow. Fact: An often-cited decades-old study found that hyperventilation and vigorous exercise did indeed lower subjects' BAC readings by as much as 10%.
Can I drink the night before a breathalyzer? ›It is possible for a breath test to detect alcohol for up to 24 hours after your last drink. But note that people metabolize alcohol at different rates. So, if you metabolize alcohol rather quickly, it is possible that a breathalyzer will not detect alcohol after say 12 hours.
Does peanut butter help you pass a breathalyzer? ›In short, using peanut butter to beat breathalyzer tests isn't an effective solution, and here's why: high levels of sodium found in peanuts and other legume by-products will neutralize ethanol (or alcohol) — but not by much.
How long does a DUI stay on your background check in Oregon? ›
Expungement isn't possible for an Oregon DUII. Oregon state law prohibits the expungement of DUI convictions, even if they have been dismissed after completing a diversion program. If you live in Oregon, a DUII will stay on your record permanently.
How many years does a DUI stay on your record in Oregon? ›Keep in mind that a DUI will stay on your driving record for longer than it affects your insurance. In Oregon specifically, a DUI conviction will remain on your driving record for 55 years.
How likely is jail time for first DUI Oregon? ›A first-time DUI conviction in Oregon will result in a minimum of 48 hours of jail time or 80 hours of community service. There will also be a minimum $1000 fine and a 1-year license suspension.
Can you expunge a DUII in Oregon? ›Oregon law does not allow a person who has successfully completed a DUII diversion to expunge their record of the DUII (expungement means to clear all records of an arrest and later court process).
How much does a DUI attorney cost in Oregon? ›Oregon DUI lawyer fees for defense on a DUI charge can from $1,500 to $10,000 and up depending on the lawyer and depending on the case. Our firm does DUI representations on a flat-fee basis that depends upon the complexity of the case.
Can you get a hardship license with a DUI in Oregon? ›To qualify for a hardship permit, you must first pass the waiting period; there is no waiting period following a first-time DUII conviction, but if your license has been suspended under Oregon's Implied Consent law, you must wait 30 days from the beginning of the suspension to apply for a hardship permit.
How does a hardship license work in Oregon? ›A hardship permit is available for some driver license suspensions or for a driver revoked as a habitual offender. A hardship permit allows you to drive a non-commercial motor vehicle only.
Who is eligible for a hardship license in Oregon? ›Drivers whose license has been suspended due to DUII, an uninsured accident, or other causes may request such permits. Hardship permits contain limits and conditions on driving privileges. The permit may require attendance at a drug or alcohol rehabilitation program or special driver training class.
How do I get a hardship license in Oregon? ›How Can I Apply for a Hardship License? Visit Oregon's DMV hardship permit page, download the application, fill it out, gather all the required documentation, pay the fees, and mail everything to the listed address.
How long do you need IID in Oregon? ›Q: How long do I have to have an IID? A: Diversion drivers have a minimum 1 year requirement. Conviction drivers have a minimum 1, 2, or 5 year requirement. These requirements remain on your driving record until a No Negative Report is properly processed.
How long do you have to have an interlock device in Oregon? ›
Typically, drivers must keep the IID installed for the length of their suspension period, and in some cases beyond. Oregon DMV interlock laws say that drivers must have their device calibrated every 60 days following installation.