If you’ve entered into Oregon’s DUII Diversion Program, you’ve made an agreement with the Court that you’ll have an Ignition Interlock Device (IID) in any vehicle you drive for one year. However, you may be eligible to file a motion to vacate the IID requirement under certain circumstances. There are essentially three requirements:
- You must have had the device installed in any motor vehicle you drive for at least 6 months;
- In that 6 months, you must not have had any “negative reports” (that is: lockouts or tests showing alcohol); and
- You must be presently in compliance with your alcohol and drug treatment program.
We Can Help You Remove the IID After An Oregon DUI
If you would like to ask the Court to relieve you of the IID requirement after six months of clean breath test results, please contact our offices. We’ve been able to remove the devices for past clients, at a small and reasonable fee.
ORS 813.645 provides as follows:
Motion vacating requirement to install and use ignition interlock device
(1) A defendant may apply by motion to the court in which a driving while under the influence of intoxicants diversion agreement described in ORS 813.230 was entered for an order vacating the requirement to install and use an ignition interlock device if the defendant:
(a) Has complied with the condition of the diversion agreement described in ORS 813.602 (3) for at least six consecutive months and provides a certificate to the court from the ignition interlock device service center stating that the device has not recorded a negative report; and
(b) The defendant has entered into and is in compliance with any treatment program that the person is required to participate in as a condition of diversion.
(2) The defendant shall cause to be served on the district attorney or city prosecutor a copy of the motion for an order vacating the requirement to install and use an ignition interlock device under ORS 813.602 (3). The copy of the motion shall be served on the district attorney or city prosecutor at the time the motion is filed with the court. The district attorney or city prosecutor may contest the motion.
(3) The court shall hold a hearing on a petition filed in accordance with subsection (1) of this section. In determining whether to grant the petition, the court shall consider:
(a) The nature of the underlying crime for which driving privileges were suspended.
(b) The blood alcohol content of the defendant at the time of the arrest.
(c) Any other relevant factors.
(4) The court may vacate a defendant’s requirement to install and use an ignition interlock device under ORS 813.602 (3) if, after a hearing described in subsection (3) of this section, the court finds by a preponderance of the evidence that the petitioner:
(a) Has complied with the condition of the diversion agreement described in ORS 813.602 (3) for at least six consecutive months with no negative reports; and
(b) Has entered into and is in compliance with any treatment program required as a condition of diversion.
(5) When a court vacates a defendant’s requirement to install and use an ignition interlock device under ORS 813.602 (3), the court shall notify the Department of Transportation.