I am currently in the process of completing a DUII Diversion program in Multnomah County, OR. I have an IID installed in my personal vehicle as required by the program.
In addition to the question about operating a watercraft without an IID installed, can I operate a motor vehicle on public roads in states other than Oregon without an IID installed?
In short: no. Oregon’s DUII Diversion statute provides, as of January 1, 2012: “The court shall require as a condition of a driving while under the influence of intoxicants diversion agreement that an approved ignition interlock device be installed in any vehicle operated by the person during the period of the agreement when the person has driving privileges.” ORS 813.602(2). Notice that the word is "vehicle," not car. There is no exception in the Diversion statute or your written promise in your Diversion contract (read it to make sure, I haven't seen your paperwork) to out-of-state driving. Your question about boats and jet skis is harder, because "vehicle" is defined by our Code with reference to public places you can drive a vehicle by right ("highways," but that includes off-roading in the dunes or driving on Oregon beaches, and of course public waterways). If it's a private lake, then yes you could potentially operate a watercraft without an IID (I wouldn't recommend it, to be safe). If it's public waters (whether in Oregon or not), then no, you must have an IID installed. I'm sorry to rain on your parade, your lawyer should have told you about this before you entered Diversion, if you asked, anyway. It's a summer where either other folks drive the boat, or you install an IID. If it were me...I'd enjoy the break from driving the boat. "Sorry, can't!" You get to relax and watch the shenanigans at the boat ramp from a distance.
I agree with Mr. Orberdorfer on his interpretation of the law... He knows what he is talking about. However, I have seen in several instances where a judge has made an exception for someone in the Diversion program, where the law was less than crystal clear about the interlock device. For instance, where a person drives a forklift or a company vehicle for employment, and it is unfeasible to equip the vehicle with an interlock device, I have seen a judge make a ruling that the Defendant could operate those without the interlock device (it would be allowed if the interlock requirement was based on a conviction, so it only makes sense even though the Diversion statute doesn't specifically authorize such an exception). The boat question is a little different, but I would doubt that there is a marine version of the interlock available (I honestly don't know). I would have your attorney try to find out, and if not, maybe asking the Court to allow you to operate a watercraft would be a good idea. It seems that the statute in question is kind of overbroad and vague, and getting clarification from a judge up front would be a good idea. Talk with your lawyer about the best way to present the question, and the best way to make the argument that you should be allowed to do this (remember you will already have a device in your vehicle, and you will be engaged in treatment with random UAs to ensure you are not drinking... The boat interlock would just be redundant)!
In regards to your first question, you can get a DUI while on a boat. That being said, I am not licensed to practice law in OR, so I would defer to an OR DUI attorney.
As it pertains to driving in other states, I doubt any attorney here will give a blanket yes or no, unless they knew where you wanted to drive. Again, I would contact a DUI attorney in EACH Stated you planned on driving in.
As my colleague suggests, you need the advice of an Oregon DWI defense attorney. If you were represented on your underlying charge, contact that attorney and ask him or her these questions. You can also review the written terms (I assume you have written terms) of the Diversion program to see if these concerns are addressed therein.
Best of luck.
Christopher I. Simser, Sr.
Syracuse - Albany - Rochester - Buffalo
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