What is an Interlock Ignition Device?
DUI Frequently Asked Questions
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.
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Filing for diversion can be a complicated process, and in many cases, requires the help of a qualified attorney. Let me help you through filing for and completing the Oregon DUI Diversion Program— step by step.
I can also assist you with other complications of your DUI, such as your implied consent DMV hearing. Don’t try to navigate the complex legal system on your own, contact a trusted Portland DUI attorney at Andy Green Law.
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There are many issues that can be challenged, including the breath test, the field sobriety test, probable cause for making the traffic stop and the handling of blood test results. Even police conduct at the scene can often be challenged for violation of your rights.
If this is your first underage DUI offense, one possible resolution is DUI diversion. If you successfully complete the year-long diversion program, the court will dismiss your DUI and you will not have a conviction on your record. As your lawyer, I will explain your options and shepherd you through the process.
For a free initial consultation, call or contact my Portland law firm online. I have helped numerous minors with their underage drinking charges.