If represented by counsel, it is optional for the driver even to be present at the hearing. However, there are cases where the driver should testify. This is one of many reasons why a person facing an accusation of DUII needs an attorney who is skilled and experienced in this highly specialized area of practice. However, if you prevail, the logic of the decision by the Administrative Law Judge may be persuasive in influencing the prosecutor or court to be more lenient on you than they might be otherwise. The first stage of the criminal process is the arraignment.
Many courts conduct pretrial conferences at which certain cases are resolved by agreement.
The defense will have an opportunity to file a Motion to Suppress Evidence based on any violation of your rights under the State or Federal Constitution. This varies from court to court. You should ask your attorney about this. This will result in your attorney having the maximum possible amount of information in order to advise you concerning the choices you will have to make. Many first time DUII offenders in Oregon have the option of entering the DUII Diversion Program.