Oregon Statutes 813.645 – Motion to vacate requirement to install and use ignition interlock device
(1) A defendant may apply by motion to the court in which a driving while under the influence of intoxicants diversion agreement described in ORS § 813.230 was entered for an order vacating the requirement to install and use an ignition interlock device if the defendant:
Terms Used In Oregon Statutes 813.645
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Arrest: Taking physical custody of a person by lawful authority.
- City: includes any incorporated village or town. See Oregon Statutes 174.100
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(a) Has complied with the condition of the diversion agreement described in ORS § 813.602 (3) for at least six consecutive months and provides a certificate to the court from the ignition interlock device manufacturer’s representative stating that the device has not recorded a negative report; and
(b) The defendant has entered into and is in compliance with any treatment program that the person is required to participate in as a condition of diversion.
(2) The defendant shall cause to be served on the district attorney or city prosecutor a copy of the motion for an order vacating the requirement to install and use an ignition interlock device under ORS § 813.602 (3). The copy of the motion shall be served on the district attorney or city prosecutor at the time the motion is filed with the court. The district attorney or city prosecutor may contest the motion.
(3) A motion under this section must include the following information:
(a) An affidavit or declaration that states that the defendant has complied with the condition of the diversion agreement described in ORS § 813.602 (3) for at least six consecutive months with no negative results;
(b) A copy of the certificate described in subsection (1)(a) of this section from the ignition interlock device manufacturer’s representative stating that the device has not recorded a negative report; and
(c) If the defendant is required to participate in a treatment program as a condition of diversion, a letter signed by a treatment counselor from the treatment program in which the defendant is enrolled stating that the defendant has entered into and is in compliance with the treatment program.
(4) The court may hold a hearing on a petition filed in accordance with subsection (1) of this section. The court shall hold a hearing if the district attorney or city prosecutor:
(a) Contests the motion;
(b) Requests a hearing; and
(c) Files a written objection with the court within 10 days after the date of service.
(5) In determining whether to grant the petition, the court shall consider:
(a) The nature of the underlying crime for which driving privileges were suspended.
(b) The blood alcohol content of the defendant at the time of the arrest.
(c) Any other relevant factors.
(6) The court may vacate a defendant’s requirement to install and use an ignition interlock device under ORS § 813.602 (3) if, after a hearing described in subsection (4) of this section, the court finds by a preponderance of the evidence that the petitioner:
(a) Has complied with the condition of the diversion agreement described in ORS § 813.602 (3) for at least six consecutive months with no negative reports; and
(b) Has entered into and is in compliance with any treatment program required as a condition of diversion.
(7) When a court vacates a defendant’s requirement to install and use an ignition interlock device under ORS § 813.602 (3), the court shall notify the Department of Transportation. [2015 c.577 § 4; 2017 c.655 § 14; 2019 c.200 § 7; 2023 c.135 § 1]