This is exactly the kind of case where you need an attorney to help you.
There are number of issues related to your urine screen that an experienced DUI lawyer may be able to help get the case reduced or dismissed.
Absolutely, you need to meet with an attorney. The State often proceeds with DUII's with a 0.00 blow. There are numerous factual issues that come into play with DUII's. I wouldn't just roll over and plead guilty. If you can't afford an attorney, go to your court date and fill out an application for court appointed counsel. Once you have an attorney you will be able to discuss your option.
From this point forward, DO NOT discuss your case with anyone who is not your attorney or an attorney you are consulting with. DO NOT post facts on the internet.
Nothing in this communication should be construed as creating an attorney client relationship. This is for informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery.
I like Mr. Schlosser's answer, I just wanted to add: go meet with a DUII specialist now! Most of us are suckers and don't charge for an initial consultation, so you'll walk out with a ton of information even if you don't hire the lawyer.
I am almost certain that when the date written on your citation arrives, you will go to court only to learn that no charges have yet been filed, and then you will have to wait for a letter from the DA, which will be sent to you only after the lab results come in.
In the future, remember, you do not have to agree to take the roadside tests. You should not get out of your car unless the police officer tells you that you are under arrest. You should say nothing when you are questioned.
The Government (meaning, the police and the prosecutor) want us all to believe that you were examined by a "Drug Recognition Expert," and that this person's observations will be enough to persuade a jury that you were under the influence of a drug. This "medication person" isn't an expert. This police officer isn't a medical person at all. You didn't mention if you had taken any medications, but even if you did, I begin with the presumption that you weren't impaired by a medication that was prescribed by your doctor. The urine sample you gave the police will be sent to the Oregon State Police crime lab for analysis, but it will likely be several months before they send results to the DA. There may be other charges added to those written on the citations when the case is finally filed.
When you do finally appear in court, this is what you need to know: Tell the judge you are NOT GUILTY. The judge will ask if you would like the court to appoint an attorney appointed to represent you. If so, you may apply for a public defender. (Remember, public defenders are not free. If you're convicted, you will be ordered to pay attorney fees.)
If you were convicted of DUII or had diversion within the past 15 years, you will not be eligible for diversion now, but diversion is not an appropriate choice at this point anyway, given the facts of your case. Relying only on the information you have written here, my advice is to hire a qualified DUII attorney and consider taking this case to a jury trial.
All the best to you.
DUI DUI defense DUI as a criminal offense DUI trial DUI charges DUI arrest Driving under the influence of drugs Second DUI Criminal defense Criminal charges Crimes against society Right to counsel in criminal cases Defenses for criminal charges Criminal arrest Criminal court Criminal fines Warrants and criminal charges Professional ethics DUI fines Fees
Sign up to receive a 3-part series of useful information and legal advice about DUIs.