DUI Appeals

If you’ve been convicted of driving under the influence (DUI) or driving while intoxicated (DWI), you might be able to appeal your case. In a DUI appeal, you ask a higher court to review aspects of your trial court case for legal error. The claimed error can relate to either the conviction or the sentence imposed.

This article discusses common grounds for appealing a DUI conviction. It also addresses the appeal process, including briefs, the record, and how and when to appeal a DUI.

Appeals typically involve complex legal technicalities. These issues can be hard to navigate on your own. An experienced DUI appeal attorney can offer an in-depth explanation specific to your circumstances. They can give you more insight if you aren’t sure whether you have grounds to appeal.

Can I Appeal a DUI Conviction?

You have the right to appeal a conviction or sentence, but your success will depend on the argument you present to the court. Getting a second chance may be possible if you have legitimate grounds to seek an appeal.

An appeal asks the court to consider whether a serious legal mistake means the outcome of the original DUI case is invalid. If your rights were violated, the conviction would be unlawful. Alternatively, you might not seek to appeal the conviction itself but rather the specific sentence you received.

At the state and federal court levels, various options exist after a criminal conviction or sentence on a DUI charge. If an appeal isn’t the best option, you might also consider:

• Requesting to have the record sealed
• Asking the court to expunge the DUI
• Filing an administrative appeal for a driver’s license suspension
• Seeking license reinstatement

Your lawyer can review which options are available to you.

Can I Still Appeal a DUI After Pleading Guilty?

After a guilty plea, your options are more limited. For that reason, it’s wise to get adequate legal counsel before you decide how to plead to a DUI. Plea bargains can have benefits and drawbacks, and one of those drawbacks may be waiving your right to an appeal.

While you may seek to withdraw your plea, courts only grant this request in specific circumstances. Generally, a plea withdrawal must happen before your sentencing. After sentencing, courts set higher standards for revisiting the case.

Legal errors leading up to the arraignment could shape how a defendant chooses to respond to DUI charges. You may believe that had it not been for those errors, your plea would have been different. There are scenarios in which an appeal may still be possible, though challenging.

Appeals after guilty pleas are typically limited to issues like whether the plea was knowing and voluntary, jurisdictional defects, ineffective assistance of counsel, or illegal sentences — not the underlying facts of the case.

Common Grounds for a DUI Appeal

Appellate attorneys can raise several issues for a DUI appeal, such as:

• An error in accepting a guilty plea
• Lack of reasonable suspicion for the traffic stop
• Lack of probable cause to make the DUI arrest or other unlawful actions during the arrest and booking
• Improper field sobriety tests
• Failure to properly administer or interpret a breath or blood test, such as a Breathalyzer calibration error
• Mishandling of chemical test samples
• Jury instruction errors
• Prosecutorial errors or misconduct

Generally, the grounds for an appeal fall under one of two categories:

• Procedural issues relate to the legal process. You have the right to a fair trial, among other due process rights.
• Substantive issues relate to the “substance” of the laws and government powers that apply to the case. Motions to exclude confessions and to suppress evidence are examples of substantive issues in a criminal case.

In some cases, there might be both procedural and substantive issues. An experienced DUI attorney can help identify issues warranting an appeal.

Note that many issues must be raised through objections or motions during the original trial to be “preserved” for appeal. This makes working with an attorney that much more important. They know what to watch for during the trial and can make those objections on your behalf.

The DUI Appeal Process

In a DUI appeal, the defendant (referred to as the “appellant”) claims that the case should be dismissed or that there should be a new trial or resentencing. This decision can be based on critical legal mistakes that affected the jury’s decision or the sentence imposed.

When To File Your Appeal

Most states require an appellant to file a notice of appeal within 30 days of conviction or sentencing, though deadlines vary by jurisdiction. Even so, it might take many months for an appeal to be heard and decided.

You begin the process of appealing your DUI conviction by filing a notice of appeal. The filing must also include any court fees.

You’ll need to file this notice with the proper court. Your DUI appeals lawyer can identify where to send your appeal. Court systems vary by state. Your original trial may have occurred in a municipal or district court. You might then file an appeal with that same court, a circuit court, or a superior court.

Court Review of the Record

DUI appeals revisit what happened in the original case to determine whether it complied with the law. An appeal is not the same as a retrial. The appellate court doesn’t consider any new evidence. That’s why it’s important to build a robust defense during the original DUI case.

In considering an appeal, the court reviewing the case looks only at the record of the proceedings in the lower court. The record comprises the court reporter’s transcripts of everything said in court, whether by the judge, the attorneys, or the witnesses. Anything else admitted into evidence, such as documents or objects, is also part of the record.

Appellate Briefs

In reaching a decision on the appeal, the higher court (often a court of appeals) looks to the record and the written briefs filed by both sides. For example, an appellant challenging a conviction or sentence files an opening brief. In that brief, the appellant argues how and why the conviction or sentence was legally mistaken.

In response, the government files its own brief to illustrate why the conviction or sentence should be upheld. The appellant can usually file a second brief in response to the government’s position.

The appellate court may also hear oral arguments from each side before deciding the appeal. This step is not always necessary.

Outcomes of a DUI Appeal

Court decisions for DUI appeals could result in the following:

• A retrial in which you can present new evidence and make different arguments
• Reversal of the DUI conviction and penalties
• Resentencing, which could change the type of penalties, amount of jail time, or conditions of probation
• Agreement with the lower court’s decision, which keeps the original conviction and sentence

Multiple levels of appeals are possible in criminal cases, but DUI cases often don’t advance further. Each state’s supreme court is the highest level of appeal for state criminal charges. However, DUI cases are relatively routine, so they rarely introduce new legal questions that a state’s highest court would agree to consider. It’s a good idea to discuss your chances of success with an appeals lawyer before beginning the process.

Have a DUI Attorney Review Your DUI Case

If you’ve been found guilty of drunk driving and believe there may have been errors in how the trial was handled, one option is to appeal your conviction. Even if you didn’t have a defense attorney helping you with your criminal defense at your original trial, legal expertise is vital to a successful appeal.

Get legal advice and find out your legal options by scheduling an initial consultation with a local DUI lawyer. An appeals attorney can help you understand DUI laws, the legal issues in your case, and the effect of your conviction on your criminal record.