DUI Appeal

If you were recently convicted of DUI, you may be tempted to just do your sentence and get on with your life—even if the punishment seems a bit too severe for the crime.  After all, you’ve already been sentenced, so there’s nothing you can do about it now, is there?

Actually, there is. If you believe your DUI sentence is unfair, you can fight to have it reduced or dismissed entirely through a DUI appeal (unless you agreed to a plea bargain, which usually negates your right to an appeal).

Contrary to what many think, an appeal is not a new trial, but rather, a review of your previous trial. When you submit an appeal, you ask a higher court to reexamine your case in order to determine whether your conviction and subsequent sentencing were fair. For this reason, you cannot submit any new evidence during a DUI appeal—only the original evidence will be reviewed, and it is your responsibility to prove this evidence was incorrect or unfair.

To do this, you will need to receive copies of all of the legal documents filed during your case, and thoroughly review each of them. It is important to evaluate every single piece of evidence that was used against you during your trial—from blood alcohol test results to witness’s testimonies. After examining this material, you can then determine the appropriate legal grounds for your appeal.

So how do you file a request a DUI appeal? Due to the amount of legal knowledge required to create a basis for a DUI appeal, the first step is to contact an experienced DUI attorney.  Be aware that you only have a limited amount of time to file an appeal—depending on the state, this can vary from anywhere between 10 to 20 days from the time of your conviction. It is also important to maintain reasonable expectations regarding the timing of your DUI appeal. In many cases, it can take several months for an appellate court to review and determine an outcome for your case.

If you were convicted of DUI and have questions about filing an appeal, it is important to obtain professional legal advice as soon as you can. Whether you feel your rights were violated or your original attorney did not provide competent legal counsel, the right lawyer may be able to help you successfully appeal your DUI conviction. Contact an experienced DUI appeal attorney in your area today to discuss your case.