DUII Diversion and Ignition Interlock Devices — Remove yours after six months.

If you have been arrested for a DUII in Oregon for the first time, you are probably here educating yourself on an area of the law that is wholly new to you. You are also probably discovering that a DUII arrest can be a very expensive and time consuming problem to have to deal with. One potential consequence of a DUII arrest or conviction is the court’s use of ignition interlock devices.

Ignition interlock devices are often required after a DUII arrest. These devices are installed on the vehicle and require the person operating the vehicle to blow into the device in order to start the vehicle and to continue operating it after it has been started. Installation of these devices and monthly fees for their continued use is costly.  While they are a good way to keep the community safer, the Oregon legislature has also recognized they should not be overused. Recently, the legislature passed a bill that allows for their early removal for people required to install these devices as a condition of a their DUII diversion agreements.

ORS 163.645 allows Oregonians who are participating in DUII diversion programs  to remove the court ordered ignition interlock device requirement after six months. Previously, anyone who was participating in a DUII diversion was required to have an ignition interlock device installed for the entire period of the diversion (one year or longer). Now a person participating in the diversion program can petition the court to have the device removed after six months if they have 1) complied with the conditions of the DUII diversion program for at least six months, 2) they provide a certificate from the DMV indicating that they have had an interlock device installed and there have been no negative reports, and 3) they have entered into and are compliant in any treatment program required as a condition of the diversion.

This change in the law will provide some relief to people participating in the already very expensive DUII diversion process. The best way to successfully petition the court to remove this requirement is to find an experienced criminal defense attorney in your area to help. Call Anfuso Law today if you have been arrested for DUII and want an experienced attorney to help you.

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