DUII convictions come with all kinds of consequences. Even if you had an excellent DUII defense attorney and this was your first conviction, your driving privileges still have been suspended by an Oregon court. However, it may be possible to have those privileges reinstated by requesting a hardship permit. In most situations you will be required to install an ignition interlock device, or IID, in your vehicle. But what exactly are these devices and what kinds of regulations does Oregon have pertaining to them? We’ll answer some of those FAQs in today’s post.
When might I need an IID installed?
If you are arrested and later convicted of a DUII or enter into the DUII diversion program, an IID will be required for a hardship permit, for the DUII diversion program (in most cases), and as a requirement from the DMV (the length of time varies). This device functions as a mobile breathalyzer to ensure driver compliance and prevent intoxicated driving. If your driving privileges were taken away due to a DUII conviction, it may be possible to gain them back applying for a hardship permit, and installing an IID. While every DUII conviction in Oregon mandates a license suspension (one year for a first conviction, three years for a second [if it is within 5 years of the first], and a permanent revocation for a third), installing an IID will very likely be part of the process in most DUII situations.
What happens if I violate the IID testing?
If you attempt to operate your vehicle with alcohol in your system and you’ve already had an IID installed, a positive report will be recorded. This report will be passed along to the entity that monitors your case or conducted your assessment, after which the information will be given to the court. This could mean that you’ll have to place a call to your DUII attorney sometime in the near future. Some IID providers will charge the motorist a violation fee, while others will not. Your car will not start if you record a failed test; if the test is rolling, you will be able to navigate to a safe location when a negative test is recorded.
Can other people drive my car that has an IID installed?
Other people are allowed to operate your vehicle, but a breath test is still required from that driver to operate it. In addition, the offender is responsible for any and all breath tests. That means that if any other driver doesn’t perform the test correctly or alcohol is detected, you will be held responsible for that.
Do IIDs have a negative effect on cars?
Some people worry that the electrical draw required by IIDs will harm their vehicle. As long as your car’s electrical system is functioning fine, your IID should always operate correctly and your car will be completely unscathed. The amount of electricity required by IIDs is very small. Unless you don’t use your vehicle for a very long time, there’s no reason to worry.
How long do I have to keep an IID installed?
This does depend on the specific circumstances of your case, so your DUII attorney will be your best source of information. Usually, an IID must stay in your car for one year. But as of January 2016, IID users can qualify for early removal when no negative reports have been recorded for six months (in DUII diversion situations only). You may be able to petition the court to have your IID removed after 6 months.
While installing an ignition interlock device may seem like a nuisance, it’s often the best way to regain your freedoms and prove to the court that you can live as a law-abiding citizen. For more information about IID regulations or DUII charges, please contact our law firm today.