Oregon law requires that people participating in a DUII Diversion program in Oregon have an ignition interlock device installed in any vehicle they drive. However, Oregon law also provides for two exemptions to this requirement: (1) for Medical reasons; and (2) for Employer owned vehicles.
ORS 813.602(3)(a) states that:
Except as provided in paragraph (b) of this subsection, 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 and used in any vehicle operated by the person during the period of the agreement when the person has driving privileges. In addition to any action taken under ORS 813.255, violation of the condition imposed under this subsection is a Class A traffic violation.
The Medical Exemption:
ORS 813.602(3)(b) says:
A court may exempt a person from the condition in a diversion agreement to install and use an ignition interlock device if the court determines that the person meets the requirements for a medical exemption in accordance with rules adopted by the department under this section. A person granted a medical exemption under this paragraph shall carry proof of the medical exemption with the person while operating any vehicle.
What You Must Do To Qualify for a Medical Exemption
OAR 735-070-0082 provides that:
To apply for a medical exemption a person must submit a completed IID Medical Exemption form (DMV form 735-6941). The form must be completed by both the person and the person’s primary care provider or the physician or health care provider providing specialized treatment to the person for the particular medical condition or functional impairment that prevents the person from operating an IID or prevents the person from safely operating a motor vehicle equipped with an IID.
DMV Form 735-6941 Section One
Section One of the IID Medical Exemption Form must be completed be the person seeking the exemption. This section includes disclosure of the reason the person is required to have an Ignition Interlock Device and an explanation of why the person believes he or she has a medical condition or functional impairment that prevents the operation of an IID or prevents safe operation of a vehicle equipped with an IID.
DMV Form 735-6941 Section Two
Section Two of the IID Medical Exemption Form must be completed by the person’s primary care provider, or a physician or health care provider providing specialized treatment to the person for a medical condition or functional impairment that prevents the person from operating an IID or prevents the person from safely operating a motor vehicle equipped with an IID.
This section requires the primary care provider, physician, or health care provider to (1) specify the medical condition or functional impairment that prevents the person from operating an IID or prevents the person from safely operating a vehicle equipped with an IID; (2) State whether the medical condition or functional impairment is permanent or temporary, and if temporary, the projected length of time; and (3) Specify why the medical condition or functional impairment prevents the person from operating an IID or prevents the person from safely operating a motor vehicle equipped with an IID.
Who Approves the Medical Exemption
A person who must install and use an IID as a condition of a DUII diversion agreement must obtain an IID medical exemption from the court. The person must submit a completed IID Medical Exemption form directly to the court that approved the DUII diversion agreement. The court must approve or deny the IID medical exemption request.
This is an important distinction for DUII Diversion participants. People who are required to have an Ignition Interlock Device pursuant to a Hardship Permit or because it is a requirement following a suspension or revocation of driving privileges can obtain the exemption directly from the DMV. Diversion participants must obtain the exemption from the Court (they may also need a second exemption from the DMV if they are dealing with a hardship permit or drivers license suspension as well).
Your Duties After a Medical Exemption is Granted
If you have an IID Medical Exemption granted by a Court and/or an exemption granted by the DMV, the proof must be with you while you are driving.
The Employer Owned Vehicle Exemption
ORS 813.606 provides that if a person is required, in the course and scope of the person’s employment, to operate a motor vehicle owned by the person’s employer, the person may operate that vehicle without installation of an ignition interlock device. This exemption only covers vehicles registered to a persons’ employer while they are being driven for employment purposes.
DMV Form 735-6874
The Employer Ignition Interlock Device Exemption Form must be completed by the individuals’ employer. This form indicates that: (1) the employer has been notified of the requirement for the ignition interlock device; (2) the person is required to drive a company registered vehicle for work purposes; and (3) the employer approves the employee being exempt from the IID requirement.
Your Duties After the Employer Owned Vehicle Form Has Been Completed
This form does not need to be filed with either the Court or the DMV. Instead, the person carry a copy of this exemption, in addition to a valid driver license or valid hardship/ probationary permit and valid insurance, at all times when operating vehicles registered to the employer while driving for employment purposes.
The full text of House Bill 2216 which deals with ORS 813.602 and ORS 813.606 can be found here: