Oregon Ignition Interlock Device Fact Sheet
After the first DUII conviction, if a person does not install an interlock device after the 1 year license suspension has ended, the person’s license will continue to be suspended for 1 year (2 year total suspension). At the end of the 2nd year, the person’s license is reinstated without a requirement for an IID.
Implied consent counts the number of offenses; suspension will occur regardless of an acquittal or conviction in the criminal case
Implied consent license suspension and hardship periods will likely overlap with DUII conviction license suspension periods.
All implied consent license suspensions begin 30 days after the date of arrest (officer seizes drivers license on the date of arrest if a person fails or refuses a breath test and issues the person a temporary permit)
After the second or subsequent DUII arrest, the hardship wait times match the length of the implied consent suspension period (1 year for failing the breath test or 3 years for refusing the breath test).
A persons first DUII conviction, is usually the persons 2nd offense under implied consent (unless the person was not initially eligible for diversion or chose not to enter diversion)
No IID requirement under Implied Consent unless the court requires it as a condition of diversion For example, if a person is a first time offender and gets a hardship permit after the wait time, there is no requirement to have an IID while driving
For a second or subsequent DUII offender, there is, in effect, no chance to get a hardship permit since the wait period matches the suspension
Court Ordered Ignition Interlock
ORS 813.602: a court may require an IID as a condition of the diversion agreement
Court to impose sanctions, if any, for failure to comply with IID requirement
DMV puts a notation on person’s record
If a person applies for a hardship permit, DMV will require proof of IID
IID providers do not send compliance reports to the court but do send them to DMV – DMV does NOT inform the court
CRIMINAL CONVICTION SUSPENSION
First DUII Conviction
1 year license suspension
No wait time to get hardship permit (implied consent wait times still apply however)
If hardship permit is obtained, IID installation is required IID must be installed for 1 year
Start date of IID requirement is after the 1 year license suspension period has ended
DMV monitors IID installation
Once DMV receives a report from IID provider that IID is installed then DMV reinstates full driving privileges
If DMV receives a report of removal of IID, DMV reinstates license suspension (for the remainder of the year)
If DMV receive a report of tampering with IID, DMV reinstates license suspension (for the remainder of the year)
If IID is not installed as required, license suspension continues until:
IID is installed, OR:
For 1 year, if one year is up then IID is no longer required for reinstatement (70-80% do not install IID per DMV)
Second DUII Conviction
3 year license suspension
90 day wait time to get hardship permit (implied consent wait time however will likely be 1 or 3 years)
IID must be installed for 2 years
Start date of IID requirement is after the 3 year license suspension period has ended
DMV monitors IID installation
Once DMV receives a report from IID provider that IID is installed then DMV reinstates full driving privileges
If DMV receives a report of removal of IID, DMV reinstates license suspension (for 2 years)
If DMV receive a report of tampering with IID, DMV reinstates license suspension (for 2 years)
If IID is not installed as required, license suspension continues until:
IID is installed, OR:
For 2 years, if 2 years is up then IID is no longer required for reinstatement
Third and Subsequent DUII Conviction
Permanent license revocation
Not eligible to get a hardship permit
Eligible to petition the court for restoration of driving privileges after 10 years; 10 years period starts:
At the end of probation on the DUII offense, OR
After release from parole if prison term imposed If driving privileges restored by the court
IID is required for 2 years
First DUII Offense
Fail Breath Test at .08 or above
90 day license suspension
Eligible for hardship permit 30 days after the suspension period begins (soonest a person is eligible for hardship permit is 60 days after arrest date)
REFUSE Breath Test
1 Year License Suspension
Eligible for hardship permit 90 days after the suspension period begins (soonest a person is eligible for hardship permit is 120 days after arrest date)
Fail Breath Test at .08 or above
1 year license suspension
Eligible for hardship permit after 1 year
REFUSE Breath Test
3 year license suspension
Eligible for hardship permit after 3 years
IID Cost, Interlock Device Fees, & Hardship Permit Information
Average Installation Costs – $75
Average Monitoring - $50-$75 mo
Additional Installation Costs – some include first and last month costs
Varies from $150-$350 (figure includes actual installation)
Hardship Permits - SR22 Insurance Certificate required for hardship permit
SR22 also required for reinstatement of driving privileges after a criminal suspension
$125 DMV fee required for hardship permit Letter from Employer required for hardship permit (if not employer person can get permit to look for work)
If IID installed as a requirement of the hardship permit (criminal suspension), there is no credit given to IID requirement after criminal suspension period is complete Approximately 1% of the 450,000 criminal and implied consent suspensions obtain a hardship permit per DMV
Approximately 20-30% of suspensions imposed install ignition interlocks per DMV
DUII License Suspensions/Ignition Interlock Requirements: Assistant Attorney General Deena A. Ryerson - Oregon Department of Justice
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