DUI Appeals
After a defendant is convicted of driving under the influence, he or she may have the chance to request a DUI appeal. When an appeal is filed, a higher court will review the case to determine if there were any legal errors in the original case or the judge’s sentence.During the appeal process, the defendant is known as the “appellant.” In order to file an appeal, the appellant must point out key legal mistakes that were made during the first trial that affected the jury’s verdict or the sentencing in an effort to have the case dismissed, re-tried, or re-sentenced.
When reviewing the appeal, the appellate court only looks at the record of the proceedings that took place in the lower court – no new evidence may be introduced. This record consists of physical evidence as well as the court reporter’s transcript.
In addition to the record, the court also reviews briefs that are filed by the government and the appellant. For example, the appellant who challenges the conviction will file an opening brief, explaining why the conviction and/or sentence imposed are wrong. The government then files a brief describing why the original conviction and/or sentence should be maintained. The appellant may submit a second brief responding to the government’s position. In some cases, the appellate court may also allow oral arguments from both sides before making a decision.
Each state has different rules regarding how and when an appeal may be filed, though most states require the appellant to notify the courts and government as quickly as possible about the intent to file an appeal. It is also worth mentioning that it may take many months before an appeal is heard and decided.
Many choose to file a DUI appeal (when applicable) to avoid the consequences associated with a drunk-driving conviction. After all, even a first-time offender may be subject to expensive fines, probation, community service, driver’s license suspension, and even jail time. In addition, an offender’s auto insurance and employment may also be affected.
If you need help determining whether a DUI appeal applies in your case, you should contact an experienced DUI defense attorney as soon as possible. A skilled attorney can discuss your case with you and determine if your case is eligible for an appeal.
