ORS 813.599: Definitions.

As used in ORS chapter 813:

      (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.