What Happens After A Dui Arrest In Oregon?
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 or within the time set by Motor Vehicle in a revocation letter. A hearing must be initially scheduled within 30 days.
If you had a valid license when stopped, you are qualified for a temporary license to drive until the hearing. This temporary license is good for only 30 days. If you lose your case at the hearing, your license will be suspended when the temporary license expires. It is our opinion you should request the officer's presence at the hearing. Crucial defenses can be developed at the hearing, and if you want to substantially increase your odds of winning your case, or need to know whether your case is winnable, you will need to request a DMV hearing.
Arraignment:
This is the date on your ticket, about 30 days after your arrest. If you have an attorney and are not on bond, you will probably not have to appear. It is primarily for advisement of rights. If you have an attorney, he will advise you.
Pretrial Conference:
Your attorney will discuss your case with the District Attorney and negotiate the best possible plea bargain. It will happen about 6 weeks after arraignment. This is usually after the Motor Vehicle Hearing. The date is set by the Court and your attorney on his calendar.
Suppression Hearing:
The Court may suppress some or all of the evidence against you if your constitutional rights have been violated. Your attorney will file motions to suppress. It occurs anywhere 6 weeks to 3 months after the pretrial conference.
Trial:
Almost always a trial to a jury of six.
Sentencing:
The Court imposes a sentence after a conviction at trial or after a plea bargain is accepted and a plea entered. Sentences may include jail time, in home detention, public service, probation, alcohol classes, fines, and license suspensions.
Other Oregon Drunk Driving Defense FAQs
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Q:
What Are My Rights?
A: 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 … 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
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