I'm on a dui diversion program in Oregon . I have a car interlock device . What does it report and to whom .

Asked almost 2 years ago - Bend, OR

I guess what I'm asking is if i pass with each blow I'm i good to go . Or does it report any alcohol that is present even though i pass the blow . If it reads anything under the preset limit , will the court find that i broke the 1 year no alcohol ruling and try to convict me . I use mouthwash in the morning before work , If i pass I'm i good to go ? , thanks

Attorney answers (3)

  1. Troy Austin Pickard

    Contributor Level 17

    6

    Lawyers agree

    Answered . Most ignition interlock devices used in Oregon do automatically transmit the results of each blow to a computer where that data is saved. If the court looks at that data and sees that you have alcohol on your breath (even if it's not enough to cause a "fail" on the IID), the court might accuse you of violating the condition of diversion that says you may not drink any alcohol for the diversion period.

    The solution to this problem is simple: use alcohol-free mouthwash. There is plenty of it at any large grocery store.

    Portland Defender
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    Portland, OR 97204
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  2. Richard E Oberdorfer

    Pro

    Contributor Level 13

    6

    Lawyers agree

    Answered . Evaluation Services in at least one county reports that they receive info on every fail or above .00% BAC blow. The preset, as you may know, is .025% BAC. Like most things in life, you should not assume anything is secret. Like anything else in Diversion, you should not expect the benefit of the doubt. So follow Mr. Pickard's advice and switch to a non-alcohol mouthwash. Your treatment provider should already have told you to do so to avoid environmental exposure to alcohol to avoid a failed urine test (one of the tests is not for alcohol, but the enzymes our liver creates to breakdown alcohol, and is quite sensitive). Nobody wants your Diversion revoked and you convicted based on mouthwash -- but every experienced DUII attorney has heard mouthwash as a reason for a failed a urine test, and have seen that reason not work in court. Be careful out there!

  3. Jasen Bodie Nielsen

    Pro

    Contributor Level 19

    2

    Lawyers agree

    Answered . I'd first suggest calling your attorney, if you had one on the case. Absent that, follow the advice of my OR colleagues. Good luck.

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