ACCUSATORY INSTRUMENT: This is a document that comes in three forms. It can be your citation that was given to you by the law enforcement officer. It can be a District Attorney's Information, or an Indictment. All three documents will have the defendant's name and the crime the State is accusing the defendant of committing. [return to top of glossary]

ARRAIGNMENT: First appearance in court where you are informed of your charges. If you have an attorney, they will enter a plea on your behalf. If you are in the process of hiring a private attorney, the judge will set a new date for you to appear with an attorney. If you cannot afford an attorney, the court will instruct you to apply for a public defender. [return to top of glossary]

BAC: BLOOD ALCOHOL CONCENTRATION: Refers to the percentage of alcohol in a persons' blood stream at the time the test was given. Measured by either a breath test or blood draw. [return to top of glossary]

DIVERSION: Diversion is a program that allows qualified defendants to complete certain requirements and after a year have the case dismisssed.  For more details on Diversion please click onto the diversion page.

DUI/DUII/DWI: These are all different terms for essentially the same crime. driving under the influence; driving under the influence of intoxicants; driving while intoxicated.

In order to prove a defendant is guilty of DUI the State must prove each and every element of the offense beyond a reasonable doubt. Oregon Law defines the crime as follows.

On a specific date, in a specific county, while driving a motor vehicle on premises open to the public, the defendant had; a BAC of .08 or higher; is under the influence of alcohol or a controlled substance or inhalant or any combination in which there driving was impaired to a notable perceptible degree. [return to top of glossary]

DRE: DRUG RECOGNITION EXPERT: A police officer that has increased training in recognizing the symptoms of being under the influence. [return to top of glossary]

FST: FIELD SOBRIETY TEST: These are the tests that an officer asks a suspected drunk driver to perform to help him determine if they are under the influence of an intoxicant. These tests are extremely subjective and should not be performed. Examples of FSTs include the HGN, the walk and turn, finger to nose, internal clock, and recounting the alphabet.

All FSTs require the person being tested to listen carefully and follow the directions of the officer. Some common mistakes of people not following the directions of the officer include: Not standing in the position the officer describes and remaining in that position until told to move: People tend to start the test before they officer says to start the test. Another example is when the officer tells a suspect to follow the pen with just their eyes, most people will turn their head to follow the pen. These are just a couple of examples. [return to top of glossary]

HGN: HORIZONTAL GAZE AND NYSTAGMUS: This is the FST that is most common. The officer will ask a person to stand in certain position and follow the pen or the light with their eyes. The officer is trying to gage the amount of involuntary bounce that is in your pupils. The state's argument is the more bounce, the more intoxicated the person is at the time of testing. [return to top of glossary]

IID: IGNITION INTERLOCK DEVICE: Person convicted of DUI must install an IID in any vehicle they intend to operate.  This is a device that the driver must breath into inorder for the vehicle to start.  The vehicle will not start if there is alcohol detected by the machine.  (New Law 1/1/08) For a first conviction the IID must be installed for one year after the end of the suspension period before becoming eligible for full reinstatement. For a second conviction the IID must be installed for two years after the end of the suspension period before becoming eligible for reinstatement. [return to top of glossary]

INDICTMENT: In order to be charged with a felony, the State must present evidence to a grand jury. The grand jury then decides if the State has enough evidence to proceed to charge a defendant. If the grand jury does vote to proceed, then the defendant has been indicted. [return to top of glossary]

INTOXILYZER: Machine used to measure BAC in an effort to determine intoxication level. [return to top of glossary]

MOTION TO SUPPRESS: If your attorney feels that the law enforcement officers violated your rights, then he should file a motion to not allow evidence that was obtained as a result of the illegal action to be used against you in the trial. Often the motion part of a trial involves testimony from witnesses and can take as long as the trial itself. [return to top of glossary]

SENTENCING GUIDELINES: All felonies are subject to the Oregon Sentencing Guidelines. The sentencing guidelines are used to determine the sentence for felony convictions. It is a combination of a defendant's criminal history and the legislature's determination as to the crime seriousness of the offense. [return to top of glossary]

VICTIMS IMPACT PANEL: Required class if found guilty or attempting to complete the diversion program. Class usually runs a couple of hours and cannot be more then $50 to attend. [return to top of glossary]

VOIR DIRE: Jury selection. [return to top of glossary]