If you have a DUI conviction on your record and you wish to have it removed or request lighter sentencing, you will need to appeal. An appeal is not a retrial, but a hearing to re-examine the proceedings to ensure that you had a fair trial. Following are tips for appealing a DUI conviction.
Hire An Attorney.
You will want to find a DUI attorney that has a good record with cases that are similar to yours. Without an attorney, you may miss some essential steps in your DUI appeal case.
Ask for a New Trial.
Before appealing your DUI case, you will need to speak with the judge who originally presided over your case for a new trial or ask for the conviction to be overturned. Though this is unlikely, it is how you must start your appeal process.
Quickly File Your Appeal.
Depending on your state laws, you typically will have between 10-30 days to file notice that you’re planning on appealing. You should know that you can only file an appeal on your case if it went to trial. You likely waived your right to appeal if you accepted a plea bargain.
Ask for Copies of All Paperwork.
You should always ask for copies of each form that is filed. Your appeal process with be handled by an attorney before an appellate court, and you’ll want to make sure that he/she is staying on top of things.
Other things to consider
Before administering any blood alcohol tests, the officer arresting you must read you your ‘chemical test’ rights. These include the consequences if you refuse a urine or blood test. If you were not read these rights, you may be able to challenge the suspension of your drivers’ license.
If your original attorney misrepresented you- you can file an appeal. You will need to hire a new attorney to help you through the process.
You must admit to all DUI convictions on job applications. If the courts deny your appeal, your attorney may be able to help you modify or remove the conviction some other way.