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) Manufacturers 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.
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