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How to Respond to a DUII in Court

How to Respond to a DUII in Court

Getting a DUII can change your life, which may be frightening at first. Lucky for you, Oregon provides a few plea choices for people charged with DUIIs. It is wise to consult your attorney before making any decisions that can undoubtedly impact your legal life.

Plea Options

In the state of Oregon, you have four plea options available if you are convicted of a DUII:

  1. Not guilty. A settlement conference called an Early Resolution Conference (ERC) will be set by the court. If the dispute cannot be settled at the ERC, the case will go to trial. Your guilt must be proven beyond a reasonable doubt and will be decided by the jury (or judge if you choose to waive a jury).
  2. Guilty without diversion. You will be sentenced and convicted at a subsequent hearing. You have the option to provide the judge with any materials you believe could help him/her decide on your sentencing. You will automatically be sentenced to the minimum DUII consequences and have your license suspended. There could also be indirect repercussions.
  3. No contest without diversion. If the district attorney is able to provide the judge with satisfactory information proving your guilt, then you will be sentenced and convicted at a subsequent hearing. An experienced attorney would then argue that you only received the minimum consequences, however, it would be within the discretion of the court to give you up to the maximum imposed penalty by law. The consequences may drastically differ depending upon whether your DUII is being charged as a felony or misdemeanor and have your license suspended. There could also be indirect repercussions.
  4. Guilty or no contest with diversion. In order to enter Oregon’s DUII diversion program, you must first qualify for it. You must plead guilty or no contest and file a Petitioner’s Diversion Agreement as well as a Defendant’s Declaration of Eligibility. Once you complete the diversion program within the authorized time period, you are required to file a motion to dismiss your DUII charge. If you disobey the diversion program requirements, the court has the right to eliminate diversion, submit the plea, and you will be sentenced without a trial.

Contact your attorney

The above plea options may appear to be relatively straight forward, but it is crucial to your case that an experienced professional handle the details so the proper choice is made for your particular circumstance.

Call Baxter Harder today at (541) 238-9210 to speak with an attorney about your DUII case in Oregon.

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