One of the most frustrating elements of the upheaval that a DUII causes in a person's life is the driver's license suspension. Someone who has been convicted of DUII in Oregon for the first time faces a one-year driver's license suspension, as well as having to install an ignition interlock device in his or her vehicle for an additional year at the end of the suspension to fully reinstate driving privileges.
Oregon state legislators seem to think that the current system is not punitive enough, however, and want even greater numbers of people to experience the aggravation and expense of interlock before they can drive again. The legislature passed a bill in June 2011 that will expand the number of first-time offenders who need to install the interlock system in their cars in order to regain driving privileges.
The Purpose of Ignition Interlock
The ignition interlock system is a computerized breath analyzer that a person installs to his or her ignition. The device is designed to prevent the ignition from engaging without the driver giving a breath sample. The ignition will not start if the breath sample that the driver gives has alcohol in it.
The interlock system is supposed to prevent repeat DUII offenses by making it impossible for those who have DUII convictions from actually starting their cars if there is any alcohol in their systems. This effectively means that a person needing to activate the interlock device on his or her car could not have had a glass of wine with dinner within a short amount of time of attempting to drive home.
The interlock system costs about $70 to $100 per month to rent, which the person required to have the device is responsible for paying. In addition, there is an installation fee of anywhere from $100 to $200 and maintenance and data downloading fees.
Details of the New Bill
Currently, only those convicted of DUII need to install interlock systems in their cars to regain their licenses. Many first-time offenders take advantage of a a "diversion" program under Oregon law that essentially places them on probationary status for one year in which they need complete an alcohol treatment program. If the diversion program requirements are met within the year, their cases are dismissed. Under current Oregon law, those who enter and successfully complete the diversion program do not have to install ignition interlocks, nor is there a criminal suspension of their driver's licenses. Approximately 11,000 people per year are arrested for DUII in Oregon and choose to go through the diversion program.
House bill 3075 changes things so that those who opt to enter into the diversion program will now need to install interlock devices on their cars for the year the diversion agreement is in place. The bill also includes a provision that requires makers of interlock devices to report those who tamper with the devices once the device is installed in a vehicle, as well as those who were sentenced to have interlock systems but never actually installed them. In 2010, approximately 9,300 people were supposed to have interlock as a result of a DUII conviction but only about 3,200 of them actually did so.
The bill was signed into law on August 2, 2011 by Governor Kitzhaber and applies to all DUII cases going forward. It does not apply to offenses that may have occurred prior to its enactment.
