What Happens When You Get Charged With DUII?
Getting arrested for driving under the influence is a unique experience, and situational variations can make it that much more complicated. If you’ve recently been arrested for driving under the influence of intoxicants (DUII) in Oregon, consulting with a DUI defense attorney can help prepare you for what’s coming next.
Arrested And Charged With DUII
If you are pulled over and an officer determines that you have been driving under the influence, they will arrest you and take you into custody. It’s important to remember that once you are in police custody, you have a right to remain silent, and you have a right to legal counsel. If you already have a lawyer on retainer, now is a good time to call them.
DMV Hearing And License Suspension For DUII In Oregon
After being released from jail, you have 10 days to challenge your license suspension, and this is done by requesting an Oregon Driver & Motor Vehicle Services (DMV) hearing. If you have not consulted a DUI attorney upon arrest, this is another great opportunity to hire a lawyer or at least contact a DUI attorney for a consultation. While we can’t make legal recommendations, it’s very unlikely that you will win a DMV hearing without a lawyer. If you’re worried about losing your license because of your job or other obligations, a DMV hearing is the only way to prevent license suspension. It is difficult to win a DMV hearing, but it is possible in some specific cases.
Arraignment Hearing For Being Charged With DUII
Every case is different, but they all begin with an arraignment hearing. This is your first court appearance, and most arraignments are held within 96 hours of the arrest. You may have been released just after your arrest, but this is an official declaration of your rights, bail and release conditions. There is no plea bargaining for DUI in Oregon. You can plead guilty, plead not guilty and go to trial, or file a diversion petition.
- If you plead guilty: You will be sentenced immediately.
- If you plead not guilty: You will proceed into the trial process.
- If you file a diversion petition: You will proceed with Oregon’s DUII diversion program, which includes fines and rehabilitation programs.
We cannot offer legal recommendations without understanding your full legal case, but it is highly advisable to obtain a lawyer for your arraignment. An experienced DUI attorney can recommend the best course of action, and any potential legal complications.
DUII Trial And Court Case
If you plead not guilty, you will move forward with a trial. The prosecutor will present your DUI defense attorney with “discovery,” or the evidence that they will present at trial. In most cases, there will be a preliminary hearing, in which a judge decides whether there’s enough evidence to prosecute.
Most DUII cases do not move beyond this preliminary hearing. If for any reason your case does move beyond the preliminary hearing, you’ll begin preparing for a trial.
The Importance Of Having An Experienced DUI Defense Attorney
If you’ve been charged with DUII in Oregon, please consider calling Robert L. Sepp, Attorney at Law at 503-388-5382. Attorney Robert Sepp’s knowledge can guide you through this difficult time. An experienced and aggressive lawyer, he has successfully protected the rights of many of his clients and has had many of their DUII charges dismissed or reduced.
Located in West Linn, Robert L. Sepp, Attorney at Law is proud to represent clients in the Portland metro area, Willamette Valley, Oregon Coast, Bend, Medford, Eugene and throughout the entire state of Oregon.