After a DUI conviction, you may feel that life simply isn't fair. You may not have actually been driving while intoxicated or under the influence, and you might feel that you have no options. In fact, you might actually have a good option: appeal.
A DUI conviction is serious, and you may need to hire a DUI attorney to appeal your case. An attorney can advise you on the next steps you need to take. In the meantime, the answers to these questions will help you follow through.
Can You Appeal Your DUI Conviction?
If you were convicted of a DUI or other criminal charge by a jury or judge, you have the right to appeal your conviction. If you pleaded guilty, you may have no such right. Discuss your options with an attorney.
There are several grounds on which you can appeal your DUI conviction. For instance, you might have a case on the basis of an error in your case or perhaps because your previous attorney did not provide you with effective counsel. Jury misconduct is also another reason you could appeal your case. Perhaps you didn't have an attorney at all and want the court to review your case.
How Does a DUI Appeal Work?
A DUI appeal works by filing appeal paperwork. An appellate court will review the decision of the court, looking for any errors or issues that may have lead to your DUI conviction. The court may grant your appeal, which could reverse your conviction.
Most criminal convictions, including DUIs, are sent to an intermediate-level court. In some instances, cases are sent to federal court for appeal. Each case is different.
Isn't an Appeal Just Another Trial?
Keep this in mind about your DUI case: an appeal is not just going to trial again. Your appeal will be reviewed by the court, and then the court will determine if everything, from pre-trial motions to transcripts, are in line with the legal requirements. The court may call on some individuals or counsel members to provide additional information, but it is not a criminal trial.
What Should You Do Next?
Your next step should involve speaking with a DUI attorney. Is your case worthy of pursuing an appeal? Do you have a leg to stand on in court? DUIs can be tricky, and it is wise to speak with an attorney who understands your conviction to learn more.