(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]