DUI Appeal Process

The effects of a DUI (driving under the influence) conviction can last a long time. From the higher auto insurance premiums to having a conviction on your record, it may be in your best interest to appeal your DUI. A DUI appeal may lead to having the conviction removed from your record or a lighter sentence. An experienced defense lawyer is your best source for learning more about the DUI appeal process.

An appeal is not a retrial—rather, it is an examination of your original trial. New evidence cannot be introduced during the DUI appeal process. The appellate court will look at the original records of your DUI case, including witness testimony and physical evidence.

In order to appeal a DUI conviction, you should first hire an experienced DUI defense lawyer. Be sure to look for attorneys who have handled appeal cases similar to yours. Having an attorney is preferable to handling the appeal yourself, as your attorney will ensure you meet important deadlines and take the necessary legal steps to appeal your drunk-driving case.

You must then submit a request to the judge who initially heard your DUI case to grant a new trial or overturn the decision. While it is unlikely that he or she will do so, this is the first step of the DUI appeal process.

It is important to file your appeal quickly. In most states, you typically have 10 to 30 days to file an appeal after your trial has ended. Appeals are only granted for cases that went to trial. This means if you pled guilty during arraignment or took a plea deal, you probably waived your right to an appeal.

You should ask your attorney for a copy of each form that is filed. The DUI appeal process primarily consists of paperwork and filing forms before standing before the appellate court, so it is important for your attorney to get copies of all briefs and forms that are filed at your courthouse.

If you win your appeal and the court throws out your conviction, it will be removed from your criminal record. However, if your case was appealed for sentencing, the conviction will remain on your record until you seek expungement.

To learn more about the DUI appeal process, contact an experienced DUI lawyer today!