I got a dui November 2019. I’ve econometrics all my classes and paid my fees. I am required to get an ignition device installed although my vehicle is not drivable. How do I ask to get it dropped since my vehicle isn’t drivable
If your DUII was handled through DUII Diversion, you are not eligible for a license without an IID installed for 90-days. If your DUII was a conviction, you must install an IID for 1-year and any license from DMV will reflect that fact. Here's the law for Diversion, at ORS 813.635(2):
“[T]he requirement to have an ignition interlock device installed in a vehicle continues until the person submits to the department a certificate from the ignition interlock device provider stating that the device did not record a negative report for the last 90 consecutive days of the required installation period. The department shall remove the ignition interlock device requirement from the person’s driving record as soon as practicable after the department receives the certificate.
(3) If there is a negative report during the last 90 consecutive days, the person shall continue to use an ignition interlock device beyond the period required under ORS 813.602 (1)(b) or (c), (2) or (3) until the person submits a certificate, in a form prescribed by rule by the department, to the department from the ignition interlock device provider stating that the device has not recorded a negative report for 90 consecutive days, beginning on the date of the most recent negative report.”
For Oregon license reinstatement after a DUII conviction, you must first wait out the suspension period, and then:
(a) file a SR-22 insurance certificate with DMV for 3 years, ORS 806.075; and
(b) install an Ignition Interlock Device (IID) for 1 year for a first conviction; 2 years for second, ORS 813.602(1); 5 years for third or subsequent, ORS 813.602(2).
Some folks were confused by 2011′s House Bill 3075, which added an IID requirement for DUII Diversion as of January 1, 2012. However, the Bill did not change the already existing IID requirement for people convicted of DUII, as opposed to those entering Diversion (I think the confusion stems from the fact that newspaper coverage at the time covered the Bill as introduced, which did extend the time for IIDs for DUII convictees to be 2 years, across the board. The Bill was not passed in that form.).
Even if the law had changed for the worse between, say, the time of conviction and the time a person was ready for reinstatement, Mannelin v. DMV, 176 Or App 9 (2001), says that the more onerous current statute would apply. Mannelin rejected expertly-argued ex post facto, double jeopardy, and bill of attainder arguments. In Oregon, the law at the time of reinstatement is what applies.
Some clients have asked whether they can “wait out” these requirements. It is possible to “wait out” the SR-22 requirement, and simply apply for a reinstated license after 3 years of waiting. However, the IID requirement is indefinite — you can never wait it out, you must install the machine to get a reinstated license.
Finally, third DUII convictions come with a Lifetime License Revocation. There is only one, very limited, escape valve from that lifetime sentence.
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