Filing An Appeal Against A Dui Conviction

As per the DUI laws in the United States of America, you have the legal right to file an appeal against a dui conviction in higher courts either to fight for a lighter sentence or to get the conviction removed from your record. However, it is very important for you to understand that an appeal does not mean that the trial will take place once again. It just means that the proceedings of the trial that has already been conducted will be reexamined thoroughly in order to find out if the trial was conducted fairly or not. Following is a brief rundown on how to file an appeal against a conviction in a drunk driving case.

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 lawyer on your side to handle things on your behalf. 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 lawyer 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.