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FAQs

I was just arrested for a DUII, what happens now?

After you have been arrested, you have only TEN DAYS to request a DMV hearing. If you blew over a .08 or refused to submit to a breath test, your Oregon license will automatically be suspended unless you challenge the proposed suspension at this hearing. Your first court appearance is an arraignment. At this court appearance you will be advised of your legal and constitutional rights and notified of the charges against you. If you have an attorney, your attorney may be able appear in court for you. If you are not represented by an attorney, you must appear in court at the time specified or a warrant for your arrest will be issued.

Will I lose my license?

You can lose your license a couple of different ways after an arrest for a DUII. You could lose your license administratively through DMV’s Implied Consent Suspension procedure. Under the Implied Consent Suspension, your Oregon license will be suspended for a minimum of 90 days UNLESS you successfully challenge the proposed license suspension at a DMV hearing. A refusal to give a breath test draws a one year suspension if you don’t prevail at the DMV hearing. The second way to lose your license is if you are convicted of a DUII. If you are CONVICTED of a DUII, your Oregon license will be suspended for one year at a minimum. With prior DUII convictions you could be facing up to a lifetime suspension of your driver’s license. However, under current law, if you receive a lifetime suspension you can still apply to reinstate your license after ten years.

What is the diversion program?

Diversion is an option for some people, usually first time offenders, to enter into an agreement with the court to have their criminal charges dismissed once they complete certain conditions. The primary condition is an alcohol and/or drug program. The benefit of diversion is having the case dismissed without going to trial.

Am I eligible for diversion?

Generally, a first time offender who is not involved in an injury accident, and is not a holder of a Commercial Driver’s License will be eligible for diversion. Go here for more information on Diversion.

Do I need a DUII attorney?

Even a misdemeanor DUII is a very serious offense, with a conviction carrying mandatory jail time, fines AND a license suspension. As a traffic offense it cannot be expunged, so it will stay on your record forever. The role of the Prosecutor is to obtain your conviction. The Judge must administer justice fairly and impartially. But the Judge is NOT your advocate either. The only advocate you have in the courtroom, besides yourself, is your criminal defense attorney. I will fight for your rights and put you on a level playing field with the Prosecutor.

I want to fight this charge, how can you help me?

All criminal cases are built on evidence stitched together to establish a case. In DUII cases, the evidence typically includes the arresting officer’s observations of your driving, your appearance and behavior after the stop, your performance on Field Sobriety Tests, and your breath test result, if any. If this evidence was discovered after an illegal search, under the law the remedy is to suppress its use at trial. As your attorney, I will aggressively challenge the government if it tries to rely on evidence based on illegal searches or improperly conducted tests by moving to exclude such evidence at trial. I will hold the government to their burden of proof beyond a reasonable doubt.

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jill@jillpettylaw.com