Ignition interlock program; rules

(1) The Department of State Police, in consultation with the Transportation Safety Committee, shall establish a program for the use of ignition interlock devices by persons convicted of driving while under the influence of intoxicants and granted hardship permits under ORS 807.240 and by persons who have entered into a driving while under the influence of intoxicants diversion agreement. (2) The department shall adopt rules that specify requirements for ignition interlock devices that may be used and shall publish a list of devices that meet the requirements. The list may include devices that: (a) Do not impede the safe operation of the vehicle; (b) Have the fewest opportunities to be bypassed; (c) Correlate well with established measures of alcohol impairment; (d) Work accurately and reliably in an unsupervised environment; (e) Require a deep lung breath sample or other accurate measure of blood alcohol content equivalence; (f) Resist tampering and give evidence if tampering is attempted; (g) Are difficult to circumvent, and require premeditation to do so; (h) Minimize inconvenience to a sober user; (i) Operate reliably over the range of automobile environments or automobile manufacturing standards; (j) Are manufactured by a party who is adequately insured for product liability; (k) Have a label affixed in a prominent location warning that any person tampering with, circumventing or otherwise misusing the device is subject to civil penalty; and (L) If there is a test violation, record the locational coordinate information of the vehicle, including latitude and longitude as established by a global positioning system. (3) The department shall adopt rules for the annual testing of ignition interlock devices. The rules shall establish standards for the devices and for the performance of the devices.