As used in ORS Chapter 813:

Ask a criminal law question, get an answer ASAP!
Click here to chat with a criminal defense lawyer and protect your rights.

Terms Used In Oregon Statutes 813.599

  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100

(1) ‘Ignition interlock device technician’ means an individual employed by a service center to install, service, maintain, calibrate or remove ignition interlock devices.

(2) ‘Manufacturer’s representative’ means a business entity:

(a) That is registered with or authorized by the Secretary of State to transact business in this state;

(b) That is designated by an ignition interlock device manufacturer to sell, rent or lease a specific ignition interlock device model in Oregon; and

(c) That provides statewide ignition interlock device service through the operation of a network of service centers.

(3) ‘Negative report’ includes a report of tampering with an ignition interlock device, unauthorized removal of an ignition interlock device, lockout or a test violation recorded by an ignition interlock device.

(4) ‘Service center’ means a private entity that installs, services, maintains, calibrates and removes ignition interlock devices in this state.

(5) ‘Test violation’ means:

(a) For a person who is required to use an ignition interlock device as a condition of a driving while under the influence of intoxicants diversion agreement:

(A) An attempt to start a vehicle while the person has a blood alcohol content higher than 0.02 percent by weight unless a subsequent test performed within 10 minutes registers a blood alcohol content of 0.02 percent by weight or lower and a digital image confirms that the same person provided both samples; or

(B) Failure to pass a random retest due to a blood alcohol content higher than 0.02 percent by weight unless a subsequent test performed within 10 minutes registers a blood alcohol content of 0.02 percent by weight or lower and a digital image confirms that the same person provided both samples;

(b) For a person who is required to use an ignition interlock device and is not subject to a driving while under the influence of intoxicants diversion agreement:

(A) An attempt to start a vehicle while the person has a blood alcohol level higher than 0.02 percent by weight unless a subsequent test performed within 10 minutes registers a blood alcohol content of 0.02 percent by weight or lower and a digital image confirms that the same person provided both samples; or

(B) Failure to pass a random retest due to a blood alcohol content higher than 0.02 percent by weight unless a subsequent test performed within 10 minutes registers a blood alcohol content of 0.02 percent by weight or lower and a digital image confirms that the same person provided both samples; or

(c) For any person required to use an ignition interlock device, a failure to take a random retest. [2017 c.655 § 2; 2019 c.200 § 3]