In Oregon, you will be required to install and use an ignition interlock device (IID) in your vehicle if you are in a DUI diversion program or if you are convicted of DUI. There are certain exemptions to this requirement, such as if you had a controlled substance DUI and are on diversion, if you blew under 0.08% and are on diversion, have a medical exemption, or operate under an employee owned work vehicle exemption. But generally speaking, if you got a DUI in Oregon you will have to live with an IID for some period of time. There are many different IID providers with different rates so call around and find the one that is best for you. Having to use an IID can also be embarrassing to use in front of clients or friends. To help with that issue there may be options such as a “camo cup” that conceal the fact that you are using an IID.
As an Oregon DUI defense lawyer, I have seen firsthand the challenges that individuals face when dealing with the state’s DUI laws and IID requirements. While these laws and devices are intended to prevent people from driving under the influence of alcohol, there are several issues that need to be addressed in order to ensure that the rights and needs of individuals are being met. The technology of the IIDs continues to advance. The IID devices are more sophisticated now than ever before with cameras and sensors. Gone are the days of using an inflatable air mattress or the person in the passenger seat to blow into the IID.
One problem with IIDs is false positives. I have seen cases where the IID device has registered a false positive and prevented the individual from starting their car. These false positives can cause a lot of inconvenience and can create an undue burden on individuals who are trying to comply with the law. This is often due to the sensitivity of the IID device. Use of alcohol based mouthwash, hand sanitizer and even garlic pizza may all result in a false positive. If this happens to you, it is important to rinse your mouth and blow into the IID again as soon as possible to show you have not been drinking alcohol. If you blow into it within 10 minutes and it registers 0.00% then the first blow will not count as a violation. See ORS 813.599(4)(a).
Another issue is the cost of IIDs. The cost of installation, monthly fees and the device itself can be a financial burden for some individuals, especially those who are struggling financially. These costs can make it difficult for some individuals to comply with the requirements. We help our clients remove the IID after 6 months of using the IID on diversion with no violations rather than having to keep it in for the full one year period. As long as you get a “6 months no negative report” from your IID provider we can file a motion asking the judge for an order allowing removal of the IID.
While Oregon DUI laws and the use of IIDs have been implemented to deter and punish individuals who operate a vehicle while under the influence, there are several issues that need to be addressed in order to ensure that the rights and needs of individuals are being met. By implementing a consistent statewide policy Oregon can continue to take steps towards reducing DUI offenses and keeping our roads safe, while also protecting the rights of individuals. If you have any questions about your Oregon IID requirements feel free to give us a call.