Many people believe that if they have been convicted of a DUI, then they are out of options, but like all criminal matters a DUI conviction may be appealed. Appealing a DUI should only be handled by an appellate law attorney with experience in these matters, as the appellate process is vastly different from the trial level. The expert appeals attorneys at The Appellate Law Firm have years of experience zealously advocating for their clients in DUI appeals and are here to help. If you would like to speak with an experienced appellate attorney about appealing your DUI conviction, call or contact our office today to schedule a free consultation.
When Can I Appeal?
A person can appeal a conviction for driving under the influence if they believe that an error in substantive law or procedure was made during their case. Some of the most common grounds for filing an appeal for a DUI conviction include improper inclusion or exclusion of evidence, insufficient evidence, violation of search and seizure laws, improper jury instructions, prosecutorial misconduct, or a misapplication of the law at sentencing.
If you believe that an error was made that substantially changed the outcome of your case, it is crucial that you speak with an experienced appellate attorney as soon as possible. In most states, a person convicted of DUI only has 30 days from the date of final judgment to file a Notice for Appeal. Failure to do so could result in the conviction being upheld, even if it was unjust.
How Does the Appeal Differ From Trial?
The appellate process is very different from a trial, which is why you should only trust an expert in appeals to handle your case. At the trial, evidence is presented and witnesses testify about the case. A jury of peers listens to the arguments and renders a verdict on the case. In an appeal, no new evidence can be submitted and witnesses cannot be called to testify about what happened in the case. All relevant evidence and arguments are pulled from the trial transcript by your attorney.
Your appellate lawyer will file a Notice to Appeal with the court and begin work on your appeal. This involves ordering and reviewing the trial transcript, which includes all motions, arguments, evidence, and a literal transcript of what was said by everyone during the trial. Your lawyer will draft a written brief that is submitted to the appellate court and can reply to the written brief submitted by opposing counsel. Your attorney will then present oral arguments to a panel of appellate judges, giving the best possible reasoning for why the trial court erred in your conviction. The judges will review the case and render a decision. The conviction will either be upheld, reversed, or the case can be sent back to the trial level with instructions from the appellate bench.
Call or Contact Us Today
If you would like to speak with an expert in DUI appeals, call or contact The Appellate Law Firm today to schedule a consultation.