Every county in Oregon may have different procedures. This is only meant as a guide to allow a person to peer down the road. I know the unknown is what people fear most. Hopefully this summary will alleviate some of that fear.

DMV hearing:

A person has 10 days from the date of the citation to request a DMV hearing to challenge the suspension of their Oregon Driver License. (See more about how to Protect Your Right to Drive.)

Arraignment:

First court appearance. Usually the date on the citation will be the arraignment. At arraignment many things can happen.

• First, the judge will ask if you have an attorney or if you plan on hiring your own. If you cannot afford an attorney the judge will direct you to apply for a court appointed lawyer. You also will have the option of representing yourself. The judge will strongly advise against this and probably admonish you for being foolish. (See more about Why You Need an Attorney.)
  
  
• If you are represented, your attorney will enter a plea on your behalf. This is usually a not guilty plea. This will allow your attorney an opportunity to take some time to investigate the case, review discovery, and do any research. A not guilty plea can be changed at a later date if you request it.
  
  
• Your attorney will also tell the judge that you are correctly named on the accusatory instrument (citation of district attorney's information.) This means your name is spelled correctly on the charging document.
  
  
• Your attorney will also tell the judge that you waive your right to a formal reading of your charges into the record. This saves time, and your attorney should explain to you exactly what you are charged with, and the potential consequences of that charge.
  
  
• Your attorney will also reserve your Constitutional rights on the record.
  
  
• If you are in custody, your attorney will ask for you to be released on your own recognizance. If the judge denies that motion, then your attorney may ask to have bail set, or bail reduced. If the judge denies that motion, your attorney can bring up release at a later date.
  
  
• This is your first opportunity to enter into a diversion agreement. If you have an attorney, he may have discussed this with you prior to the hearing. You have 30 days from this first appearance date to determine if you would like to enter into the diversion program.
  
  
• Your attorney will also request a pretrial conference or trial dates.
  
  
• If you still have not hired an attorney, you can ask the judge to set a new date, allowing you time to try and hire an attorney. When you appear again with an attorney, then all of the above should occur.

Pretrial Conference:

This is an opportunity for your attorney to negotiate with the deputy district attorney. Once you receive an offer, your attorney should tell you what that offer is, and advise you on it. Ultimately, that is for you to decide, not your attorney.

If you decide to reject the offer, and if both sides are ready to proceed to trial, trial dates will be set. Usually, this is within two weeks of the pretrial conference. Many times either the State or your attorney will not be ready for a trial at the first pretrial conference. Sometimes three or four pretrial conferences are necessary before a case goes out to trial. Reasons for set-overs include an officer on vacation or disability leave, or maybe your attorney feels there needs to be more investigation to prepare for your case.

Trial:

• Once the State and your attorney are both ready on the assigned date, your case should go to trial unless some last minute complications exist. Often there are not enough judges to preside over all the trials scheduled on that day. If that is the case, the court will set another pretrial conference. If the State is not prepared, they will try to get a set over. Your attorney should object, and probably move for a dismissal for want of prosecution. If the judge does dismiss the case, the deputy district attorney can always recharge the case later.
  
  
• You need to decide if you want a trial by the court or by jury. Your attorney should advise you one way or the other, but that is another decision you must make. A court trial is when a judge decides if the State has proven their case. Court trials are good for extremely technical defenses. Generally, I would take my chances with a jury over a judge.
  
  
• You will also need to decide if you are going to testify on your own behalf. This is another decision only you can make. Most of the time, it is not recommended that a person testify on their own behalf because they will get crossed up by the questions from the State.
  
  
• Before the trial starts, motions will be heard. These can be trials to the court over legal arguments. Many times these motions will involve testimony from witnesses. This can be an extremely effective discovery tool.
  
  
• Voir Dire: Jury selection. Your attorney has an opportunity to question potential jurors on any relevant biases. Usually the judge will ask some questions, followed by the defense attorney. The State goes last. If your charge is a misdemeanor, then the jury will be six people. If you are charged with a felony, the jury will be made up of twelve people.
  
  
• Opening Statements: The State gets to go first. They will lay out their case. The Defense will follow with their own opening.
  
  
• State Witnesses: Usually police officers are the State's witnesses in a DUI trial. After the State's direct questions, your attorney can cross examine the State witness.
  
  
• Defense Witnesses: Your attorney's turn to present a case. Witnesses can include experts, people who were present on the night in question, character witnesses, and you. The State then gets to cross examine any witness who testifies, including you.
  
  
• Closing Arguments: State gets to close first and last. Their first closing is usually laying out the law that the jurors must consider. Your attorney will follow this with his own closing argument. Then the State gets a rebuttal argument.
  
  
• Jury Instructions: The judge instructs the jury on the law.
  
  
• Deliberations: Jurors go back to the jury room, pick a foreperson, and deliberate on the facts in evidence.
  
  
• Verdict: The jury returns and renders a verdict. If you are found not guilty, then you will be free to go. If you are found guilty, the judge will ask if you wish to be sentenced right away, or wait at least 48 hours. If sentencing is not done right away, then the judge will usually set it out a of couple of weeks due to scheduling issues.

SENTENCING:

• If you are convicted, you have a right to wait 48 hours to be sentenced. Of course the judge does not have to allow you to remain out of custody during this time.
  
  
• The State will make their recommendation.
  
  
• The Defense will make their recommendation.
  
  
• The judge will impose a sentence. For potential consequences, visit DUI Penalties.