What is going to happen at my upcoming DUII hearing? 3 Answers as of February 07, 2011

I got pulled over for a DUII a couple days ago. They released me when my alcohol level was down and I have a court date on February 15th. I am not sure what to expect. I got pulled over 10 years ago for a DUII. What do you think will happen in court?

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Harris Law Firm
Harris Law Firm | Jennifer C. Robins
In Oregon, your first court hearing for a DUII charge will likely be an arraignment. This is an initial appearance where the Court will advise you of the charges you are facing, and of your rights. This will also be an opportunity for you to apply for court appointed counsel, or for you to advise the Court if you are hiring your own attorney. You will likely get another court date about a month later for you to have time to confer with counsel and prepare for your case. If you are in the State of Oregon, and your prior DUII was ten (10) years ago, you are not eligible for diversion under Oregon law. This creates the possibility of a short jail sentence, probation, fines and a license suspension, if you are convicted. It is very important that you contact an attorney who can advise you of the potential penalties.
Answer Applies to: Oregon
Replied: 2/7/2011
Law Office of Jonathan T. Sarre
Law Office of Jonathan T. Sarre | Jonathan T. Sarre
You may have done the Diversion program for your previous DUII. Unfortunately Diversion is not available to you on this DUII because the diversion statute does not make the program available to people who have had a prior DUII in the past 15 years. Now, if your prior DUII did not end up in charges being filed (or it was dismissed or you were found "not guilty" at trial), then Diversion is available to you. Diversion is a year long treatment program that can end up in your DUII charge dismissed if you successfully complete a drug and alcohol treatment program, a victim's impact panel and don't (or don't get caught) drinking and driving for the Diversion period.
Answer Applies to: Oregon
Replied: 2/4/2011
Edward A. Kroll, Attorney at Law
Edward A. Kroll, Attorney at Law | Edward A. Kroll
A DUII in Oregon is a serious charge. The law recently changed - it used to be that if you had a DUII 10 or more years ago, you could do the Diversion program and avoid a conviction. However, the law now says that any conviction or Diversion in the past 15 years means you cannot now participate in Diversion. You should talk to a lawyer right away. There are two sets of laws at work here - criminal laws and DMV laws. Depending on if you took the breath test, and what your level was, you may face a license suspension form the DMV. It may be possible to avoid that suspension, but you need to act *within 10 days of your arrest*.

Aside from any DMV issues, you will have to deal with the DUII charge. DUII is a Class A misdemeanor. The minimum fine for a DUII starts at $1000, and depending on other aggravating factors, can be as high as $2000 or more. Jail time often accompanies DUIIs, as well as a minimum 1-year license suspension. This suspension is in addition to anything the DMV imposes. For more in-depth answers about DUIIs, please look here: http://pdxlegalservices.com/criminal/duii/ As a former prosecutor, I have extensive experience with DUII cases, and as a defense attorney, I have a solid track record defending them. I would be happy to talk with you and arrange a free consultation. Best of luck.
Answer Applies to: Oregon
Replied: 2/4/2011
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