You have been charged with driving under the influence of intoxicants (DUII). This offense is a Class A misdemeanor under Oregon law. A judge may sentence a person convicted of this charge to any or all of the following:
- A fine of up to $6,250
- Additional statutory assessments and fees
- An evaluation, alcohol or drug treatment, or community service work
- Attendance at a victim impact panel
- Jail for up to one year
- Suspension of driving privileges
You have four choices on how you may handle this charge. If you have questions about these choices, ask your attorney, if you have one, or the judge. The following briefly explains these choices and their possible consequences:
- You may plead not guilty. This will result in a trial at a later date or you may later change your plea to guilty. At trial, a jury or judge will listen to the state’s evidence against you and to any relevant information or witnesses you wish to present or hear. The jury or judge will decide if you are guilty or not guilty.
- You may plead guilty. This plea will result in your conviction for the offense. If you wish, you may also give the judge an explanation and information you think will help the judge decide what your sentence should be.
- You may plead no contest. This means you do not want to contest the charge by having a trial but do not admit you are guilty. The judge will review the police officer’s report to determine if there is enough evidence to find you guilty. If you plead no contest, you cannot give evidence to the judge to show your innocence.
- You may apply for the DUII Diversion Program. You must be eligible to be allowed in the program.
Court Appointed Attorney
If you choose options 1, 2, or 3 above, you may apply for a court-appointed attorney to represent you if you cannot afford to hire one. The Court will determine if you are financially eligible for a court-appointed attorney.