Capetti Group Law Offices:
When you were arrested for Driving Under the Influence of Intoxicants, you were charged with a criminal act. This crime is taken very seriously in Oregon courts. The maximum penalty is 1 year in jail and a fine of $6,250.00. Most courts will give a very modified version of that sentence, depending upon several factors, such as your criminal history (especially noting the number of prior DUII convictions you might have in this, or any other state), your history with drugs or alcohol, whether or not your arrest involved an accident, injury, or death, your politeness/cooperation with the officer and jail staff, and other similar factors.
This is a case that will not be dismissed without extraordinary factors or circumstances. Many people are surprised to see that they are really being prosecuted for this. This will not go away.
In order to get out of jail, you may be required to sign a PreTrial Release Agreement as a result of your arrest. This agreement may require that you refrain from consuming alcohol—with a violation resulting in the making you pay money to stay out of jail or locking you up again. You may also be required to install an IID (Ignition Interlock Device – see FAQ #19) which requires you to blow into this apparatus every time you start your vehicle in order to get it to run.
CRIMINAL PROCESS
When you were arrested, you were either taken to jail, or issued a citation for DUII.
The jail will either set a court appearance for your, or will release you upon payment of bail or on your own recognizance. If you are released, they will give you a date to appear in court.
If you were given a date by the jail to appear, or if you were given a citation with a date to appear, you were given a date to appear for Arraignment.
First Appearance
Arraignment is the time when the judge advises you about the charges filed, what the maximum penalties are, what your options are in regards to the charges. Upon finishing with this court appearance, you will be given a new court date to appear—unless you entered a plea of Guilty or No Contest.
Those who hire attorneys can often skip this appearance if their attorney files an “Order on Arraignment”, which is the attorney’s certification to the court that the Attorney represents you, has met with you, and has advised you of your rights regarding the case.
Mid-Case Appearance
Whether you appear, or whether your attorney files an Order on Arraignment, you will be given a new court date to appear. This is the mid-point of the case. It is the point by which your attorney should have gotten all the information on your case, have reviewed it, and have discussed a possible plea offer with the Deputy District Attorney handling your prosecution. This appearance is where you or your attorney will inform the court of whether or not you have settled the case or if you intend to proceed to trial. It is also at this point at which plea negotiations cease and trial preparation begins. Many courts will not allow a Defendant to enter a negotiated plea after this point—it will be plea to everything charged and be at the mercy of the court, or go to trial.
Trial Prearation and PreTrial Motions
After this mid-point, you and your attorney begin trial preparation. Preparation for trial includes investigation—if that has not been done before the mid-point appearance.
Other pretrial preparation includes the challenging of evidence in court. There are two basic or common ways to challenge evidence in court. The first is a Motion to Suppress, and the second is a Motion in Limine. Almost all DUII cases involve one or both of these motions.
Trial
A person charged with DUII has a right to a jury trial. You and your attorney will need to prepare to examine the jury, make opening statements about the case, conduct cross examination, and make closing statements. One issue that is important is that every defendant faces in a criminal prosecution is whether or not to testify. If you testify or if your attorney calls witnesses, then you must prepare for direct exam and brace for cross examination by the deputy district attorney prosecuting your case.
Verdict
This is the “pin-and-needles” time for most defendants. A case that goes to trial generally has genuine issues in favor of the defense, and so it is not easily foreseen whether or not you have won or lost. It is out of your hands at this point and you must patiently wait for the jury to decide which way they will go. The verdicts possible are: Guilty, Not Guilty, and Hung or Deadlocked.