§ 813.602 Ignition interlock device required; costs; failure to install; exemptions; notification by device provider

Codes > Oregon Revised > Title 59 > Chapter 813 : Ignition Interlock > 813.602

813.602. Ignition interlock device required; costs; failure to install; exemptions; notification by device provider

                                Text subject to final change by the Oregon Office of the Legislative Counsel.

    (1) When a person is convicted of driving while under the influence of intoxicants in violation of ORS 813.010 or of a municipal ordinance, the Department of Transportation, in addition to any other requirement, shall require that an approved ignition interlock device be installed and used in any vehicle operated by the person:

        (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) The court shall require as a condition of a driving while under the influence of intoxicants diversion agreement that an approved ignition interlock device be installed in any vehicle operated by the person during the period of the agreement when the person has driving privileges. In addition to any action taken under ORS 813. 255, violation of the condition imposed under this subsection is a Class A traffic violation.

    (3) Except as provided in subsection (4) of this section, if an ignition interlock system is ordered or required under subsection (1) or (2) of this section, the person so ordered or required shall pay to the provider the reasonable costs of leasing, installing and maintaining the device. A payment schedule may be established for the person by the department.

    (4) The department may waive, in whole or in part, or defer the defendant's responsibility to pay all or part of the costs under subsection (3) of this section if the defendant meets the criteria for indigence established for waiving or deferring such costs under subsection (5) of this section. If the defendant's responsibility for costs is waived, then notwithstanding ORS 813.270, the costs described in subsection (3) of this section must be paid from the Intoxicated Driver Program Fund.

    (5) The department, by rule, shall establish criteria and procedures it will use for qualification to waive or defer costs described under subsection (3) of this section for indigence. The criteria must be consistent with the standards for indigence Supplemental Nutrition Assistance Program.

    (6) At the end of the suspension or revocation resulting from the conviction, the department shall suspend the driving privileges or right to apply for driving privileges of a person who has not submitted proof to the department that an ignition interlock device has been installed or who tampers with an ignition interlock device after it has been installed. If the suspension is for failing to submit proof of installation, the suspension continues until the department receives proof that the ignition interlock device has been installed or until one year after the ending date of the suspension resulting from the first conviction or two years after the ending date of the suspension resulting from a second or subsequent conviction, whichever comes first. If the suspension is for tampering with an ignition interlock device, the suspension continues until one year after the ending date of the suspension resulting from the first conviction or two years after the ending date of the suspension resulting from a second or subsequent conviction. A person whose driving privileges or right to apply for privileges is suspended under this subsection is entitled to administrative review, as described in ORS 809.440, of the action.

    (7) The department shall adopt rules permitting medical exemptions from the requirements of installation and use of an ignition interlock device under subsection (1) of this section.

    (8) When a person is required to install an ignition interlock device under subsection (2) of this section, the provider of the device shall provide notice of any installation or removal of the device or any tampering with the device to the court that ordered installation of the device 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.