- You can appeal your Impaired Driving, Over 80 or Refusal to Take a Breathalyzer conviction, but there are very strict rules regarding the appeal process.
- Here are 5 things you need to know about appealing your DUI conviction.
1/ What can you appeal?
- You can appeal your DUI conviction if you believe you are innocent.
- You can appeal your DUI sentence if you believe it was too harsh.
- And you can appeal your DUI conviction if you believe the Judge made a mistake.
2/ What is the timeline to appeal?
- You need to file a Notice of Appeal within 30 days of your sentence.
- If you are past this 30-day time window, you must file an Application for Extension of Time to Appeal.
3/ What happens to your sentence or license suspension?
- It is possible to stop the original sentence before your appeal is heard, but this is not automatic.
- You would need to file documentation that is different from the appeal documentation to stop the sentence or get your license reinstated before your appeal is heard.
4/ Will the same judge hear your appeal?
- No, your appeal would be heard by a different judge.
- And, the Judge that will hear your appeal will not discuss your appeal with the first judge that convicted you.
5/ Only appeal on mistake in law, not fact
- For clients, one of the biggest misunderstandings about appeals is this.
- You can only appeal based on a mistake in law, not on fact.
- Here’s an example of what that means.
- Let’s say you were convicted of an Impaired Driving charge based on a blood alcohol reading of 160, but you believe you are innocent.
- On an appeal, that 160 reading is a fact, you can’t challenge it.
- But you can attack that 160 reading by claiming there was a mistake in law in allowing that 160 reading to be entered into evidence.
- For example, if at your appeal it is determined that your Constitutional rights were violated on your arrest, your 160 reading would not admissible into evidence, and you are likely to have your conviction overturned.
Can you appeal a DUI conviction?
Yes, it's possible to appeal a DUI conviction in certain circumstances. If you believe that there was a mistake made during the trial, such as a violation of your rights or a problem with the evidence, you may have grounds for an appeal. It's important to work with a DUI lawyer to understand the specific circumstances of your case and whether an appeal is a viable option.
What are the steps to appeal a DUI conviction?
The steps to appeal a DUI conviction vary depending on the jurisdiction, but typically involve filing a notice of appeal and a brief outlining the reasons for the appeal. You may also need to present oral arguments in front of an appeals court. Throughout the process, it's essential to work with a knowledgeable DUI lawyer who can help you understand the legal requirements and build a strong appeal case.
