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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
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is there a penalty for failing a interlock breathalyzer test

Resolved Question:

is there a penalty for failing a interlock breathalyzer test in Clackamas county? this is Oregon-.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 1 year ago.
Failure to install an ordered interlock device results in immediate suspension of the person's driver's license without reinstatement up to 1 year and it is a Class A traffic violation punishable by up to a $2000 fine. See ORS 813.602.


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Customer: replied 1 year ago.

I already have a interlock device in my car! what I am asking is what can happen if I breath into it and it says I failed? I was not drinking alcohol. but I am on a court mandated order for a DUI and am worried. I am on a diversion program.

 

Expert:  Law Educator, Esq. replied 1 year ago.
I am sorry, I did slightly misunderstand what you were asking. I thought you were asking about failure to install the device. Please accept my apologies.

The failure of an interlock test is treated as a probation violation, which means that the court can revoke your deferred sentence and it would become a regular DUI and you would lose the deal you received. Also, the failure can result in a suspension of your driving privileges for up to 1 year beyond the original suspension.

The reason you could not find anything is because this is dealt with as a probation violation, which is where the court will revoke any deals and can impose the original sentence on you.
Customer: replied 1 year ago.

thank you, XXXXX XXXXX same rules apply if you are on a diversion program ? or if you had an actual conviction ?

Expert:  Law Educator, Esq. replied 1 year ago.
Yes it applies and it means the court can revoke the diversion and impose the regular sentence upon you for the violation.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 92728
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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