A seasoned DUI defense attorney will start preparing a case for trial as soon as he is hired. Investigation, assertion of important pre-trial motions, and preparation for the trial are critically important to a successful DUI defense, and it is your attorney’s job to fulfill these obligations.
In many jurisdictions the law denies prosecutors the ability to negotiate DUI charges, and in almost every case the driver will have to choose between pleading guilty and going to trial. There are many reasons why, a driver may decide to go to trial even though their case is not strong.
Prosecutors will sometimes dismiss other charges in return for a guilty plea or diversion agreement on the DUI. A person charged with DUI can also expect to be cited for any other offense that may have been committed during the incident. Reckless driving is a common example. Sometimes, a driver will receive minor citations that will require the driver to appear in more than one court.
A typical DUI will include critical scientific evidence. It is important that your DUII defense attorney be able to produce and respond to scientific evidence when necessary. Blood, breath or urine testing; expert testimony; medical evidence relating to the driver’s condition – all of these are common forms of scientific evidence that can be important to the outcome of a DUI case. Your attorney must be able to correctly identify and address issues dealing with scientific evidence.
Selecting the jury for your DUI trial may be the most difficult and important step in the process. People are generally very biased against DUI. Some feel that zero-tolerance is appropriate and will carry that attitude into the jury room. It is imperative that the accused select the best jury possible, and educate them about the case in a way that will work to his or her benefit. Jury selection is a dynamic process, and every jury panel is different. If your case proceeds to trial, you will want to have an experienced DUII trial attorney selecting your jurors.
Sentencing Information
All DUI convictions require minimum sentences, including minimum fines and at least two days jail or community service for first offenders. Some judges are reluctant to allow the community service option. Prosecutors request substantially longer jail sentences for repeat offenders and when there are aggravated circumstances.
Probation is imposed after most DUI convictions, and will almost always include a requirement to successfully complete a treatment program. Also, DMV requires completion of a treatment program before they will reinstate a convicted driver’s license. Treatment programs vary in length and cost, depending upon the driver’s income and history of substance abuse. The judge is free to impose just about any reasonable conditions of probation, oftentimes requiring that the driver not consume alcoholic beverages during the term of probation.
Depending on the driver’s history, probation will typically last from 18 months up to five years. Most offenders are placed on bench probation, but repeat DUI offenders may be placed on supervised probation, which is more costly and much more restrictive.
Other special conditions can be imposed, including a requirement that the driver not consume alcohol during the term of the diversion agreement.
If the driver successfully completes the diversion program, the DUII charge is dismissed. His or her Oregon driving record will show participation in the diversion program, and most insurance companies will treat it the same as a conviction. Still, DUII diversion can be a great benefit for those who are eligible, and in most instances a driver will want to take advantage of the program.
Police Officer Suspensions:
Almost every DUI/DWI arrest will result in a breath or blood test of the driver. If the police suspect drugs are involved, they may request a urine sample. A refusal or failure of a breath or blood test will result in a police officer suspension of your driver’s license. Most often, the suspension does not begin until 30 days after the arrest. The length of the suspension depends on the driver’s prior record and whether the suspension is for a failure, or refusal of the test.
You have a right to appeal the police officer suspension by requesting a DMV hearing.The request for a hearing must be received by DMV within 10 days of the arrest. The police officer is required to give you a written notice of your rights and consequences relating to the suspension, including your right to a hearing.
The DMV hearing has no relationship to the criminal prosecution of the DUII charge, and is a completely separate matter. Because of the 10-day limit for requesting a DMV hearing, the driver will often have to request a DMV hearing even before they appear in court on the DUII charge.
As a general rule, the driver should always request a DMV hearing, if for no other reason than the police officer may not show up for the hearing, and the suspension will then be withdrawn. Mr. Dials has many years experience in handling these types of hearings.
