2015 ORS 813.645¹
Motion to vacate requirement to install and use ignition interlock device
  • rules

(1)(a) As used in this section, "negative report" includes a report of tampering with an ignition interlock device, unauthorized removal of an ignition interlock device, lockout or a test violation recorded by an ignition interlock device.

(b) The Department of Transportation may by rule further define what constitutes a test violation.

(2) A defendant may apply by motion to the court in which a driving while under the influence of intoxicants diversion agreement described in ORS 813.230 (Diversion agreement) was entered for an order vacating the requirement to install and use an ignition interlock device if the defendant:

(a) Has complied with the condition of the diversion agreement described in ORS 813.602 (Circumstances under which ignition interlock device required) (3) for at least six consecutive months and provides a certificate to the court from the ignition interlock device provider stating that the device has not recorded a negative report; and

(b) The defendant has entered into and is in compliance with any treatment program that the person is required to participate in as a condition of diversion.

(3) The defendant shall cause to be served on the district attorney or city prosecutor a copy of the motion for an order vacating the requirement to install and use an ignition interlock device under ORS 813.602 (Circumstances under which ignition interlock device required) (3). The copy of the motion shall be served on the district attorney or city prosecutor at the time the motion is filed with the court. The district attorney or city prosecutor may contest the motion.

(4) The court shall hold a hearing on a petition filed in accordance with subsection (2) of this section. In determining whether to grant the petition, the court shall consider:

(a) The nature of the underlying crime for which driving privileges were suspended.

(b) The blood alcohol content of the defendant at the time of the arrest.

(c) Any other relevant factors.

(5) The court may vacate a defendant’s requirement to install and use an ignition interlock device under ORS 813.602 (Circumstances under which ignition interlock device required) (3) if, after a hearing described in subsection (4) of this section, the court finds by a preponderance of the evidence that the petitioner:

(a) Has complied with the condition of the diversion agreement described in ORS 813.602 (Circumstances under which ignition interlock device required) (3) for at least six consecutive months with no negative reports; and

(b) Has entered into and is in compliance with any treatment program required as a condition of diversion.

(6) When a court vacates a defendant’s requirement to install and use an ignition interlock device under ORS 813.602 (Circumstances under which ignition interlock device required) (3), the court shall notify the department. [2015 c.577 §4]

Note: See note under 813.630 (Notice of ignition interlock device installation and negative reports).

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1 Legislative Counsel Committee, CHAPTER 813—Driving Under the Influence of Intoxicants, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors813.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.