If you were arrested, charged, and convicted of driving under the influence (DUI) in California, it is important to know that you still have legal options. You have the right to appeal the conviction to a higher court for review, but the appeals process can be complicated and difficult to navigate. You need an experienced appellate attorney representing you through the appeals process in order to maximize your chances of success. The Appellate Law Firm has years of experience representing clients in California convicted of DUI crimes appeal their convictions. For more information about our scope of legal services, call or contact the office today.
Grounds for Appealing a DUI Conviction
It is important to note that a DUI conviction can only be appealed on certain grounds in California. You must be able to make the argument that the trial court erred on an issue of law or that circumstances prevented you from having a fair trial. Grounds for appeal of a DUI conviction can include the following:
- Errors in pretrial motions, inclusion or exclusion of evidence, and other misapplications of the law by the trial judge
- Prosecutorial misconduct
- Ineffective assistance of counsel by your trial attorney
- Juror misconduct, including reliance on improper information to obtain a judgment of guilty
If you can show that there was an error in law or legal procedure at the trial level, you have the grounds to appeal your DUI conviction to the next level of courts in California.
How an Appellate Attorney can Help
If your grounds for appeal rest on ineffective assistance of counsel claim, the last person you want to handle your appeal is the attorney from your trial case. Even if your appeal is on other grounds, having an appellate law attorney handle this part of your case increases your chances of success. An appellate trial differs significantly from the lower trial court. There is no new submission of evidence or witnesses to examine. The appellate court reviews the record of the lower court trial in addition to briefs prepared by each side in the appellate trial in order to make a ruling on your case. Each side will have the opportunity to present an oral argument as to why the trial court did or did not make an error in their conviction of your case. An appellate attorney not only has to make the case that the trial court erred in their judgment or prevented a fair trial but also that but for those circumstances, the outcome of your case would be different.
Talk to Our Office Now
To learn more about your legal options after a DUI conviction in California, talk to the experts in appellate law at The Appellate Law Firm. We are ready to schedule a free consultation with you today to discuss your case and advise you on your options for appeal.