In a continuing nationwide trend, people convicted of drunk driving in the state of Oregon will likely now be required to have an Ignition Interlock Device (IID) installed in their vehicle, even on a first time offense. House Bill 3075 has passed the approval of lawmakers and now sits on Governor John Kitzhaber’s desk awaiting his signature. While current laws only require the device for repeat offenders, some lawmakers believe this is the best way to prevent repeat offenses.
Ignition Interlock devices require a driver to breathe into a machine before their car will start. This machine is like the breathalyzer used by police but it is connected to the ignition, blocking the engine from starting if there is any alcohol on the driver’s breath. They also require the driver to stop and retest every so often and have been known to show false positives.
HB 3075, as seen in its entirety here, will make the IIDs are requirement in all Oregon DUII convictions. Typically, when you are convicted of drunk driving, your license is suspended. When you get your license back, you are required to have the IID installed. If you do not get the machine installed, you cannot regain your driving privileges.
For first time drunk driving convictions, the IID will have to be in the car for a period of one year. If this is a second or subsequent conviction, however, that period is extended to two years.
Also, HB 3075 requires the companies who make and install IIDs to notify the state when someone doesn’t get the machine installed or if they tamper with it after installation.
If someone neglects to have the IID installed after being ordered by the court, their license will remain suspended. Once they do have it installed their one or two year period of IID usage begins. This, lawmakers say, prevents people from just riding out the time without actually ever getting the device installed, something they say is a current loophole.
Of the 9,300 people who were ordered to have an IID installed in 2010, only one-third did so.
Part of the reason this bill got overwhelming support is because it costs the state nothing. Drivers are required to pay for the installation and maintenance of the device. If the defendant is found to be indigent, or cannot afford the fees, the cost is taken out of a pot funded by drunk driver’s fees and fines.
The vast majority of first time DUI offenders may be able to avoid the new law if they are entitled to a diversion. This means they undergo a period of probation, when successfully completed results in the charges being dropped.
Understanding all of the laws in your state when it comes to DUI charges can be confusing. If you are accused of drunk driving, whether this is your first or your third offense, contact an experienced criminal defense lawyer for a free consultation on your case.
About David Matson