Oregon Oregon’s all -offender ignition interlock law went into effect on January 1, 2008. From 2006 to 2020 in Oregon, interlocks stopped 57,645 attempts to drive drunk with a breath alcohol concentration of .08 or greater, including 4,150 attempts to drive drunk in 2020.
Grade: F (59/100) Oregon’s all -offender law needs an improvement as drunk drivers must wait before using the device and other loopholes undermines the effectiveness of the interlocks to fight drunk driving.
Why does MADD call the law all-offender? Judges are required to order an interlock for a period of one year for first-time convicted drunk drivers and for six months for any diversion agreement. Process to obtain an ignition interlock 1. Serve any jail or suspension time, complete educational program and any community service. 2. File an SR-22 insurance form as proof of financial responsibility to the DMV. 3. Schedule an appointment to have an interlock device installed. 4. Pay all applicable fees to the DMV. 5. Complete court regulations as well. Ignition Interlock Law Overview and MADD Legislative Recommendations How soon can an ignition interlock be installed? Duration on ignition interlock Legislative Recommendation
Upon agreeing to a diversion agreement
Eliminate waiting period for interlock installation. Allow for interlock use for refusals.
6 months
First offense
1 year after conviction 1 year
Second offense
Interlocks not available for first-time refusals
First refusal
Can a drunk driver wait out an interlock order?
Any person who has a license suspended for a drunk driving offense, must use an ignition interlock for at least six months before obtaining a non-interlock driver's license.
Legislative Recommendation
Compliance based removal? Yes If in the last 90 days, there cannot be any of the following: (A) An attempt to start a vehicle while the person has a BAC of .04 percent or higher unless a subsequent test performed within 10 minutes registers a BAC lower than .04 percent and a digital image confirms that the same person provided both samples; (B) Failure to pass a random retest due to a BAC of 0.02 percent or higher unless a subsequent test performed within 10 minutes registers a BAC lower than .02 and a digital image confirms that the same person provided both samples; or (c) For any person required to use an ignition interlock device, a failure to take a random retest. Day-for-Day credit for early installation? No Legislative Recommendation Allow for the use of ignition interlock after arrest and credit early installation of an interlock toward time ordered on an interlock upon conviction. Interlocks required for plea agreements or diversion? Yes Affordability program? Yes A person must meet the standard for indigence, which is the possession of a current Food Stamp Identification Card issued by the Oregon Department of Human Services. To request a fee waiver, a person must provide proof of indigence to a vendor who is
contracted with the Addictions and Mental Health Division to obtain reimbursement of the device fees. Sources: §§813.602(1)(a), (1)(b) and (2), §813.606, §813.602, Oregon State Police
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