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David N Lesh Oregon Diversion Defense Attorney Oregon Super Lawyer 2018 - 2024 Call today to speak with Mr. Lesh about your DUII arrest  |
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| DUII Information | 434 NW 19th Avenue | Portland, Oregon 97209 | 503.546.2928 | Diversion Information | ||
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If I enter diversion on my DUII will I have to install an ignition interlock device?Generally, an ignition interlock device (IID) is required if you enter the DUII diversion program. For example, an IID is required if:
The court may order an IID if your BAC was less than .08% and you showed no presence of cannabis, a controlled substance, or an inhalant in a chemical test. Additionally, the court may exempt anyone entering diversion from an IID if the person meets the requirements for a medical exemption under DMV rules. See ORS 813.602. An IID is generally not required in an employer owned vehicle or if you have a documented medical condition that interferes with your ability to use the device. The Oregon Revised Statutes on IIDs can be found at ORS 813.599 et seq. If I'm in diversion, how long do I have to keep the IID installed?
GENERAL RULE: Except as provided above, when you enter the
DUII diversion program (which always lasts at least one year), you
must install an ignition interlock device (IID) if you drive at any
time during the one-year diversion period. See ORS 813.602.
However, you may be eligible for early removal of the device.
If you install the IID within 0-5 months of entering the DUII
diversion program:
Once you install the IID,
you can apply to have it removed after six months from installation if (1)
you do not have any failures or lockouts; and (2) you have completed
treatment (or are at least in good standing in treatment). ORS
813.645. You will need to provide your lawyer with a "6 month no
negative report" from your IID company and proof
of treatment completion. Once those documents are received, your
lawyer can file a motion to vacate the device requirement. The
judge will usually grant this request, but this approval can take
2-6 weeks.
If you choose not to drive during a portion of your diversion period
(either because you are suspended or because you just choose not to
drive), you will still need to install the IID for at least through
the end of the diversion period and possibly longer. See ORS
813.635.
If you install the IID within 5-12 months from entering the DUII
diversion program:
You will need to keep the device installed until the end of your
DUII diversion period or at least 90 days (whichever
is longer). Once this happens, contact your IID company, and
have them send a "90 day no negative report" to the Oregon DMV.
If you decide not to drive for the entire one-year diversion
period (or longer), the IID requirement still follows you
indefinitely.
No matter how long you wait to drive (even years after your DUII was
dismissed in diversion), you'll have to install the IID device and
keep it installed for at least 90 days with no failures / lockouts.
ORS 813.635. Once you do that, ask your IID company to forward to
the DMV a "90 day no negative report."
Speak to your attorney with specific questions. |
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About the Author of the Oregon DUII Guide: David Lesh is a Portland attorney emphasizing DUII and criminal defense. He has been a member of the Oregon State Bar since 1990. Mr. Lesh is a former Multnomah County prosecutor and lawyer to the Portland Police Bureau. He was named an Oregon Super Lawyer in each year from 2018 - 2025. His law practice has an A+ BBB rating. Office Location: 434 NW 19th Avenue; Portland, OR 97209 Phone: 503.546.2928 | Fax: 503.296.2935 | Email: duii @ outlook.com (no spaces) Privacy Policy |
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Websites, including this one, provide general Oregon DUI information and processes but do not provide legal advice or create a lawyer / client relationship. General information cannot replace legal advice specific to your case, problem, or situation. Consult qualified Oregon attorneys for advice about any specific problem or DUI charge that you have. Oregon attorneys are governed by the Oregon Code of Professional Responsibility. This website may be considered an advertisement for services under the Code. Information contained in this website is believed to be accurate but is not warranted or guaranteed in any way. ORS 813010.
Mr. Lesh accepts American Express, Discover, Visa and MasterCard credit cards. © Copyright 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025 by David N Lesh, duii @ outlook.com.