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.”

Prior to this statute, some DUII Diversion petitioners would ask me, “What if I just don’t drive for a year? I can ride my bicycle and use public transit to get around.” I would respond, “Great! No need to install an IID then. You avoid the expense, hassle, and destruction visited on your car’s ignition system!”

Enter the Oregon legislature, passing this statute to require everybody to install an IID and prove stellar results for at least the last 90-days of Diversion. The statute is very poorly written, and fails to account for the situation where a driver never installed an IID during Diversion, learns of this statute, then installs one. In that case, some DMV clerks are refusing to remove the IID requirement. The smart ones are. But a citizen’s legal protection should not depend on which clerk happens to be working that day, and our legislature owes our people much better.