90-Days Perfection for IID in DUII Diversion

ORS 813.635(2) now provides:

“[T]he requirement to have an ignition interlock device installed in a vehicle continues until the person submits to the department a certificate from the ignition interlock device provider stating that the device did not record a negative report for the last 90 consecutive days of the required installation period. The department shall remove the ignition interlock device requirement from the person’s driving record as soon as practicable after the department receives the certificate.
(3) If there is a negative report during the last 90 consecutive days, the person shall continue to use an ignition interlock device beyond the period required under ORS 813.602 (1)(b) or (c), (2) or (3) until the person submits a certificate, in a form prescribed by rule by the department, to the department from the ignition interlock device provider stating that the device has not recorded a negative report for 90 consecutive days, beginning on the date of the most recent negative report.”

Some DUII Diversion petitioners ask me, “What if I just don’t drive for a year? I can ride my bicycle and use public transit to get around.” In practice DMV accepts 90-day IID compliance from time periods after Diversion has ended. That is a smarter way to handle the 90-day IID statute, because if you blow alcohol into the IID after DUII Diversion, it’s not a violation of your Diversion agreement — it just means you have to start the 90-day period over. If you blow alcohol into the IID during DUII Diversion, you face jail, at least 1-year license suspension, and a non-expungeable criminal conviction on your record.