Quick Guide To
DUII Diversion Ignition Interlock Devices (IID)
Did you blow .08% BAC or above?
Yes, an IID is required by law and will be ordered.
Did you refuse a breath, blood, or urine test?
Yes, an IID is required by law and will be ordered.
Did you blow between .01% BAC and .07% BAC and a urine or blood test showed the presence of cannabis, a controlled substance, or an inhalant?
Yes, an IID is required by law and will be ordered.
What is an Ignition Interlock Device (IID)?
An Ignition Interlock Device is a small machine installed in your vehicle that measures whether there is alcohol on your breath. In order to start your vehicle you must provide a breath sample into the device’s mouthpiece. If the device detects alcohol in your breath, the vehicle will not start. Each attempt to start the vehicle is logged for future review by a court or DMV to ensure compliance with any court order or DMV requirement.
Do you have a medical condition that interferes with your ability to provide a breath sample?
Individuals may be exempt from the requirement to install an IID in Oregon if they can prove a medical condition impairs their ability to use or safely operate a vehicle with an IID. To request an exemption, you must complete an IID Medical Exemption form filled out by both you and your primary care provider or treating physician. This exemption must be approved by the DUII Diversion Judge. DMV cannot approve a medical exemption for individuals in DUII Diversion.
If I drive an employer owned vehicle for work do I still need to use an IID?
If you are required as part of your job duties to operate a vehicle owned by your employer, you may operate the vehicle without an IID if:
- The employer has been notified that you are required to install an IID;
- The employer completes the DMV’s Employer Ignition Interlock Device (IID) Exception form; &
- You have a valid driver license or hardship permit.
You do not need to seek court or DMV permission but you must have a copy of the completed form to show to law enforcement if you are pulled over for any reason. Otherwise you are violating your DUI Diversion agreement & will receive an expensive citation for failure to install the IID.
IMPORTANT NOTE: A person who is self-employed is NOT eligible for an Employer IID Exception.
If I am participating in court ordered DUI Diversion, how long do I need the IID installed?
If you are ordered to use an IID during DUI Diversion, you must have the device installed in any vehicle you drive during the one year DUI Diversion agreement. If you choose not to drive a vehicle during DUI Diversion, you can still successfully complete the program; however, DMV will then require that you install the device for 90 days when you do choose to drive again. DMV will not remove the requirement from your record without 90 days of documented compliance from an Oregon State certified IID provider.
DUI Diversion IID Compliance Options:
- Install the IID for the entire one year of the DUI Diversion program (generally not necessary unless the court has ordered no early removal of the IID).
- Install the IID for 6 months with no violations and follow the court process for early removal.
- Install the IID for the final 90 days of DUI Diversion (this is a viable option if you are not driving for the first 9 months of DUI Diversion).
- Complete DUI Diversion with no driving, however, DMV will require you install the device for 90 days with no violations before they will remove the requirement from your DMV record.
I think I have completed my IID requirements. How do I get the device removed properly?
Anytime you are ordered to use an IID you will need to obtain a “certificate of no negative report” from your IID provider before you seek removal of the device.
DUI Diversion IID removal options:
- After 6 months with no violations, you can request a “6 month certificate of no negative report” from your IID provider. You must be in compliance with all other aspects of DUI Diversion and then file a motion and order with the court for early removal of the device.
- Install an IID during the final 90 days of DUI Diversion and then request a “90 day certificate of no negative report”.
- Install and IID after DUII Diversion is complete and then request a “90 day certificate of no negative report”.
IMPORTANT NOTE: It is advised to ALWAYS confirm with DMV that the IID requirement has been removed from your record before removing the device from your vehicle. Call the Oregon DMV Driver Suspension Unit for confirmation: (503) 945-5545.