By: Chris Kramer
If you have been convicted of driving under the influence, you may appeal your case. By filing an appeal, you ask a higher court to look at specific aspects of the case to determine if a legal error was made, either in the DUI conviction itself or with the drunk driving sentencing.
Have a local DUI attorney help you with the appeals process. Complete the free form on this page for a free case evaluation with a local DUI lawyer.
The DUI Appeal Process
In your appeal, your DUI lawyer will argue that, based on legal mistakes that affected the outcome of the trial and sentence you received, the case should be dismissed. An attorney might also argue that you should receive a new trial or be re-sentenced.
The appellate court will only consider the record of the proceedings and written briefs filed by both sides of the appeal. No new evidence may be introduced during a DUI appeal.
Record of the Proceedings
The record of the proceedings includes a transcript of everything that was said and any evidence presented during the DUI trial.
Your DUI lawyer files an opening brief in an appeal to argue why the DUI conviction or sentence was in error. The government also files a brief arguing why the conviction should be upheld. Your DUI lawyer will usually then has the opportunity to file a second brief in response to the government's brief. The appellate court may also hear oral arguments from both sides before deciding on the appeal.
The Appeal Timeline
It may take many months for a DUI appeal to be heard and decided; however, in most states' laws require that a notice of appeal be filed with the courts shortly after a conviction or sentencing. It is important to discuss your appeal options with your DUI attorney right away.
Don't Delay – Talk to a DUI Attorney Now
If you have been convicted of DUI and are considering an appeal, speak with a local DUI lawyer as soon as possible because there may be a limitation on the time you can have to file your appeal. Contact a local DUI lawyer by filling out our free DUI case evaluation form or by calling 877-349-1311 to schedule a free, no obligation consultation.
The above summary of DUI appeals is by no means all-inclusive and is not legal advice. For the latest information on appealing a DUI case, speak to a DUI attorney in your area.