Driving Under the Influence of Intoxicants

ORS 813.599
Definitions


As used in ORS chapter 813:

(1)

“Ignition interlock device technician” means an individual employed by a service center to install, service, maintain, calibrate or remove ignition interlock devices.

(2)

“Manufacturer’s representative” means a business entity:

(a)

That is registered with or authorized by the Secretary of State to transact business in this state;

(b)

That is designated by an ignition interlock device manufacturer to sell, rent or lease a specific ignition interlock device model in Oregon; and

(c)

That provides statewide ignition interlock device service through the operation of a network of service centers.

(3)

“Negative report” includes a report of tampering with an ignition interlock device, unauthorized removal of an ignition interlock device, lockout or a test violation recorded by an ignition interlock device.

(4)

“Service center” means a private entity that installs, services, maintains, calibrates and removes ignition interlock devices in this state.

(5)

“Test violation” means:

(a)

For a person who is required to use an ignition interlock device as a condition of a driving while under the influence of intoxicants diversion agreement:

(A)

An attempt to start a vehicle while the person has a blood alcohol content higher than 0.02 percent by weight unless a subsequent test performed within 10 minutes registers a blood alcohol content of 0.02 percent by weight or lower and a digital image confirms that the same person provided both samples; or

(B)

Failure to pass a random retest due to a blood alcohol content higher than 0.02 percent by weight unless a subsequent test performed within 10 minutes registers a blood alcohol content of 0.02 percent by weight or lower and a digital image confirms that the same person provided both samples;

(b)

For a person who is required to use an ignition interlock device and is not subject to a driving while under the influence of intoxicants diversion agreement:

(A)

An attempt to start a vehicle while the person has a blood alcohol level higher than 0.02 percent by weight unless a subsequent test performed within 10 minutes registers a blood alcohol content of 0.02 percent by weight or lower and a digital image confirms that the same person provided both samples; or

(B)

Failure to pass a random retest due to a blood alcohol content higher than 0.02 percent by weight unless a subsequent test performed within 10 minutes registers a blood alcohol content of 0.02 percent by weight or lower and a digital image confirms that the same person provided both samples; or

(c)

For any person required to use an ignition interlock device, a failure to take a random retest. [2017 c.655 §2; 2019 c.200 §3]

Source

Last accessed
Jun. 26, 2021