Or. Admin. Code § 735-070-0080

Current through Register Vol. 63, No. 12, December 1, 2024

Section 735-070-0080 - Ignition Interlock Device (IID) as Requirement Following DUII Suspension

(1) A person convicted by an Oregon Court of Driving Under the Influence of Intoxicants (DUII) must install and use an IID for the period of time specified in ORS 813.602(1) or (2).

(2) DMV will suspend driving privileges for the period of time specified in ORS 813.620 for failure to install an IID if proof that an approved IID has been installed in the person's vehicle is not submitted to DMV by the ending date of the DUII suspension. The proof must be an installation report form showing an approved device, as described in OAR 735-118-0010.

(3) A person may operate a vehicle(s) without an IID, if the person is medically unable to operate a vehicle equipped with an IID, and DMV grants a medical exemption from the IID requirement. To avoid suspension of driving privileges for failure to install an IID, the person must apply before the last day of the DUII suspension and submit to DMV:

(a) A written, signed statement from an IID provider that the provider is unable to adapt an IID to accommodate usage by the person because of the person's medical condition; and

(b) A written, signed statement from the person's medical doctor, doctor of osteopathic medicine, naturopathic doctor, physician associate or nurse practitioner containing the following information:

(A) The name of the exempting condition;

(B) Whether the condition is temporary or permanent and if temporary, when the condition will no longer prevent usage of an IID; and

(C) Whether the exemption is required because the condition results in the inability to sustain an exhaled breath sampling of five pounds of pressure for five seconds required to operate the device or results in a ketone level in the person's breath which will not allow the driver to successfully complete the test.

(4) When the application for a medical exemption is made under section (3) of this rule and approved by DMV, DMV will issue a medical exemption letter. The person must carry a copy of DMV's medical exemption letter while operating a vehicle that would otherwise require installation and use of an IID.

(5) DMV will reinstate driving privileges if during the suspension period for failure to install an IID, the person installs an IID or DMV grants the person a medical exemption.

(6) DMV will terminate the IID requirement at the end of the requirement described in ORS 813.602 if DMV has granted the person a medical exemption and the physician report indicates the medical condition or impairment is permanent.

Or. Admin. Code § 735-070-0080

MV 39-1987, f. 12-11-87, cert. ef. 1-1-88; Administrative Renumbering 3-1988, Renumbered from 735-031-0078; MV 20-1988, f. & cert. ef. 6-1-88; MV 14-1989, f. & cert. ef. 5-17-89; MV 18-1989(Temp), f. 8-31-89, cert. ef. 9-5-89; MV 4-1990, f. & cert. ef. 3-2-90; DMV 5-1994, f. & cert. ef. 7-21-94; DMV 15-2001, f. & cert. ef. 9-21-01; DMV 12-2007, f. 11-30-07, cert. ef. 1-1-08; DMV 8-2013, f. & cert. ef. 5-23-13; DMV 12-2015, f. 12-17-15, cert. ef. 1/1/2016; DMV 27-2017, amend filed 12/19/2017, effective 01/01/2018; DMV 11-2024, minor correction filed 06/10/2024, effective 6/10/2024

Statutory/Other Authority: ORS 184.619, 802.010 & 813.602

Statutes/Other Implemented: ORS 813.602 & 813.620