In most cases, in Oregon a person arrested for DUII will be cited with a date to appear in court and released. The first court appearance, called an arraignment, is the formal process of the court presenting the defendant with the charges that are being brought against them and appointing a public defender if the person requests one and qualifies. It is standard legal practice to enter not guilty pleas at arraignment and to schedule another court date approximately one month out. Generally, DUII defendant has 30 days from the arraignment to petition to enter a DUII diversion, if the petition is not filed with the court within that time, the person loses their ability to enter diversion.
After the arraignment, a competent attorney will request and review the evidence that the state will be using against you. An attorney who is well versed in DUII law will review the evidence for any weaknesses or strengths and will advise you accordingly. If you are eligible for a DUII diversion, the attorney will complete the necessary paperwork and file it with the court before your next appearance. If you are not eligible for a DUII diversion, a decent attorney will advise you whether it’s best to proceed to trial, or to resolve the case through a plea negotiation with the prosecution based on the strengths and weaknesses of your case.
- Defendants often have little experience with the legal system and are unsure what to expect at each stage of the process.
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