What Are My Rights?

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What Are My Rights?

You have the right to enter a plea of not guilty and have a trial either to the court or to a jury of six.
You have a right to be represented by your attorney throughout the trial and at all proceedings leading up to trial.
If you do not have the money or means to hire an attorney, you may ask the court to appoint one for you without cost to you, and one may be appointed.
You are presumed innocent of the charges pending against you, and that presumption of innocence will remain with you throughout the trial unless and until the prosecution presents sufficient evidence to prove you guilty beyond a reasonable doubt.
At the trial you have the right to confront the witnesses called to testify against you and to crossexamine those witnesses.
You have the right to present evidence in your own defense and to compel the attendance of witnesses by subpoenas issued by the Clerk of the Court.
You have the right to remain silent at the trial in your defense. If you choose to remain silent, your silence cannot be used against you.
If you are convicted, you have the right to appeal to a Higher Court to review the judgment of the Court.

Other Oregon Drunk Driving Defense FAQs

Q: What Happens After A Dui Arrest In Oregon?
A: Motor Vehicle Hearing: To preserve your right to drive in Oregon, you must request a hearing within 10 days after your license has been taken from you by an officer … More
Q: Will I Go To Jail?
A: Oregon law says that Driving Under the Influence of Intoxicants is a Class A misdemeanor. The maximum penalty is one year in county jail and a $5000 fine. DUII can be … More
Q: Can I Plea Bargain My Way Out Of A Dui?
A: In Oregon a DUII will never be pleabargained to a nonalcohol/controlled substance offense. The legislature has passed a law that makes such plea agreements … More
Q: If I Had A Prior Conviction For Dui Within 5 Years Of My Recent Dui Arrest, What Will Happen To My License If I Am Convicted?
A: The court will suspend your license for a period of three years.
Q: If I Had Three Serious Offenses Within 5 Years, What Will Become Of My License?
A: You will be deemed by the DMV as a habitual offender. Your license will be revoked for 5 years.
Q: For How Long Will I Have To Attend Alcohol Classes?
A: The alcohol classes typically mandated by the courts last twelve weeks. The court staff will evaluate you. If you have a significant problem with alcohol or drugs, you … More
Q: I Lost My Oregon License. May I Obtain A License In Another State.
A: In most cases, no.
Q: Am I A Bad Person, Because I Was Arrested For Dui?
A: No. Driving after drinking responsibly is not a crime in Oregon. It is legal to drive after drinking alcohol. However, you are well advised to never, never smell like … More
Q: What If I Burped Within Fifteen Minutes Of Blowing?
A: The breath machine may have read alcohol from your stomach rather than your lungs. The result will be incorrect. A similar problem occurs with dentures and people who … More
Q: What Can I Do To Save My License?
A: First and foremost, hire an experienced attorney. There are many factors to consider. Request a hearing and request the officer's presence. It will give you a preview … More