What is an Interlock Ignition Device? (IID)
An ignition interlock device is a piece of technology that is added to your vehicle’s ignition. This device requires a breath sample to start the vehicle. If alcohol is detected in the sample, the vehicle will not start until a clean sample is provided.
Some IIDs also require that you give periodic samples during your drive because your blood alcohol limit can change as your body processes any alcohol you’ve ingested. Various circumstances might lead to an IID order. One such circumstance is entering the Oregon diversion program.
If you are in the diversion program, the law requires that you have an IID installed on any vehicle you have driving privileges to. A state-authorized installer must do this installation.
Oregon DUI Diversion Program
Oregon law makes it possible for certain drivers arrested for a DUI to enter a program called the Oregon DUI Diversion Program. To be eligible for the program, you must not have a prior DUI conviction or have utilized the program in the last 15 years.
Most drivers are eligible if it is their first offense, and they have a standard driver’s license. The program makes several demands on participants, including attendance at drug and alcohol abuse classes, and a year of sobriety. There is a fee to the court that must be paid, substance abuse evaluations that must be completed, and a drug/alcohol treatment program that must be attended. A Victim Panel Class is also required.
Prior to 2011, complete sobriety (i.e., when not driving) was not required. This, however, has changed. Another recent change is the implementation of the IID, as discussed above.
The advantage of the Oregon DUI Diversion Program is that if you complete all the requirements, and any other requirements given by the court, your DUI case will be dismissed. Not only is it dismissed, but it can’t be refiled.
However, in order to enter the program, the court requires you to plead guilty or no contest to your charges, and you cannot contest any aspect of the case against you. If you fail the diversion program, you’ll be convicted, and the court will sentence you. Sentencing could include driver’s license suspension, probation, fines, and even jail time.
While completing the diversion program means that you won’t be convicted, the arrest will remain on your record, and your driving record may still indicate the refusal or failure of a breath test.