Driving Under the Influence of Intoxicants

ORS 813.635
Consequence for negative reports generated from ignition interlock device

  • rules


(1)

Notwithstanding ORS 813.602 (Circumstances under which ignition interlock device required) (1)(b) or (c), (2) or (3), the requirement to have an ignition interlock device installed in a vehicle continues until the person submits to the Department of Transportation a certificate from the ignition interlock device manufacturer’s representative stating that the device did not record a negative report for the last 90 consecutive days of the required installation period. The department shall remove the ignition interlock device requirement from the person’s driving record as soon as practicable after the department receives the certificate.

(2)

Except as provided in subsection (3) of this section, if there is a negative report during the last 90 consecutive days, the person shall continue to use an ignition interlock device beyond the period required under ORS 813.602 (Circumstances under which ignition interlock device required) (1)(b) or (c), (2) or (3) until the person submits a certificate, in a form prescribed by rule by the department, to the department from the ignition interlock device manufacturer’s representative stating that the device has not recorded a negative report for 90 consecutive days, beginning on the date of the most recent negative report.

(3)

If there is a negative report during the last 90 consecutive days that the person believes is in error, the person may request that the Department of State Police review the negative report. The department shall adopt rules prescribing the form and manner for submitting a request under this subsection. If after review the department determines that the negative report was the result of an error, the department shall correct the report and submit a corrected report to the person or shall direct the manufacturer’s representative to correct the report and the manufacturer’s representative shall submit the corrected report to the person.

(4)

This section does not apply to a defendant who is granted an order to vacate the requirement to install an ignition interlock device under ORS 813.645 (Motion to vacate requirement to install and use ignition interlock device). [2015 c.577 §3; 2017 c.655 §13; 2019 c.200 §15]

Source

Last accessed
Jun. 26, 2021