How long does the IID requirement continue after a DUI?
In Oregon, whether you are in the DUI diversion program or get convicted of a DUI, there will be a requirement that you put an Ignition Interlock Device (IID) in your car in order to drive. If you are in DUI diversion, you will have to have the IID in your car throughout the entire one-year period of the diversion program. If you are convicted, the IID has to be in your car in order to get a hardship permit and then for up to five years after your suspension ends depending on whether it is your first, second, or subsequent DUI conviction.
The IID requirement can continue even after the above times, however. I’ve been seeing more and more notices from DMV requiring an IID for an indefinite period. This happens when either the driver did not install in interlock during the diversion or suspension period and now wants to return to driving. It also happens when an installed IID reports alcohol use, tampering, or unauthorized removal.
To get the IID requirement lifted requires that your IID installer provide a report to DMV showing at least 90 days of no violations. See ORS 813.635(2).
So, if a DUI driver has chosen not to drive for his or her entire suspension period or DUI diversion program period, he or she will still have to get an IID installed for at least 90 days in order to have restored the right to drive unmonitored.
Of course, this post does not cover all circumstances and options that may be available. Please schedule a consultation with a DUI attorney to discuss your particular case.