Hire A Legal Representative

Considering the complexities involved in the laws applicable to drunk driving cases, it will not at all an easy task for you to handle everything on your own unless you are an expert in this field of law. When it comes to filing an appeal against a dui conviction, it is often wise to have an expert ovi defense attorney on your side to handle things on your behalf, however if while you were driving under the influence and got into a car crash, then you’ll be better f with a car accident lawyer. In the absence of a good legal representative, you are very much likely to miss key deadlines, as there is a statue of limitation applicable in such cases.

Make A Request To Conduct A New Trial

Though it is quite unlikely that any such request will be entertained or honored, this is how the process of appeal should start. Before filing an appeal, you must first request the judge who presided over your case to consider conducting a new trial because you think the judgment is unfair.

File Your Appeal Within The Deadline

As per the statute of limitation in these types of cases, you must file your appeal against a dui conviction within 10 to 30 days. The exact period may vary depending upon the laws applicable in your state. It is also important to note that the US laws allow you to file an appeal in only those cases where a trial has already been conducted. Your rights for an appeal will automatically be waived off if the conviction was a result of your acceptance of a plea bargain.

Obtain Copies Of All Forms That Have Been Filed

In order to ensure that you stay on top of your case, you must first obtain a copy of each and every form and brief that has been filed with the court. The appeal process takes place under the guidance of your attorney before an appellate court.

Join Dui Classes

While the appeal process is still on, you should consider joining a group like the National Council on Alcoholism and pursue some dui courses. This will leave a very good impression on the court, as it shows that you are taking responsibility of your actions and that you are seriously working on to avoid dui offences in future. This good impression will maximize your chances of getting a favorable outcome of your appeal against a dui conviction.

Some Solid Defenses You Can Use During The Appeal Process

There are several defenses that you can use during the appeal process. For example, you probably have filed an appeal because you feel that the original lawyer during the initial trial did not represent you fairly. Now you have hired a new dui attorney and are trying to get a fair judgment. As per the laws, the arresting officer must explain your “chemical test” rights to you before conducting any test. They cannot force you to take the test; you have the right to refuse. If the officer did not tell you about your rights, you can use it as a defense to challenge the suspension of your license.

Overall, if you follow the above steps thoroughly, you can ensure a better outcome of your appeal against a dui conviction.

Appearing Before The Court

When you appear in the court after official filing of charges, the police officials will read out the charges against you along with other basic details before the judge.

Getting A Legal Representation Is Your Right

Whether you are in Atlanta or some other place in the United States of America, you have the right to have legal representation in your defense. The judge will ask you during the hearing if you have an Atlanta dwi attorney to defend your case. If you cannot afford a lawyer on your own, the court will appoint an attorney to represent you.

Entering A Plea

The next step at an arraignment is to enter a plea. The judge will ask your attorney how the defendant pleads to the charges. There are three options in this regard – you can plead a no contest, you can plead guilty, or you can plead not guilty. Atlanta laws also provide the defendant a legal right to refuse to enter a plea at all by standing mute. The court will consider it as a not-guilty plea. Whether the court sets a date for the trial or not depends on how the plea is entered.

The court may decide to release the defendant from custody by setting a bail amount. It is up to the judge to decide how much money the defendant must pay as bail to get released. If the defendant is financially incapable to pay the amount of bail bonds , they can seek bail bonds services from a bail bondsman to pay their bail and get them out of jail sooner. If the bail amount is not paid, the defendant will stay in jail until the trial is complete. In some cases, you may even be released on your own recognizance. Considering the complex legal proceedings after a dwi arrest, having a reputable Atlanta dwi attorney will definitely maximize your chances of getting out of jail as soon as possible.

Know Your Rights

Ignorance can pay heavily. So, make sure you are well aware of your rights and the legal options. For example, it is important for you to keep in mind that you have the right to make a phone call, maybe to a relative or a dui lawyer. Even if you do not have a cell phone, you can request the police officer or the law enforcing authority to allow you to use their phone. They cannot say “no” to you. You can also ask them if you have an option to get released by making a certain amount of bail payment. Once they tell you that you do, contact a Bail Bond Financing Business immediately to help you get released.

Minimizing the Sentence

The dwi arrest often follows with a court hearing. If the court finds you guilty, a sentence will be issued that may include just a certain amount of fine or a jail term (with or without fine). The level of sentence depends on an array of factors, such as whether it is your first, second, or third offence. The BAC level also plays a crucial role in this regard. You can try to convince the court about your good behavior and request for a lesser sentence. Having an expert lawyer on your side may also prove to be very helpful in reducing the level of sentence.

Getting Back Your Driving Privileges

The best way to get your drinking privileges back within a short period of time is by taking a drinking driving program (DDP) from a state-approved institution. The court will provide you a list of such institutions and the programs offered by them. The length of the course depends on whether it is your first, second, or third offence. It can be just 3-9 months if the dwi arrest has occurred for a first offence. However, you are required to take at least an 18-month program if you have been arrested for second or third offence. After successful completion of the course, you will be issued a certificate. When you show up this certificate to DMV (Department of Motor Vehicles), you will get your driving privileges returned.

Notify the Court

Do not forget to notify the court about your enrollment in such a program with twenty-one days of conviction. This will make the process much easier; as soon as you successfully complete the course, the DMV will be notified automatically about the same and they will return your driving privileges.

It is however important to note that getting your driving privileges back does not mean that the dwi arrest record has been eliminated. You are still on the record and you have to be very careful while you drive. Another such offence means you are in very serious trouble.