How to Appeal a DUI Conviction

If you want to remove a DUI conviction from your record, or perhaps fight for lighter sentencing, you may want to appeal. An appeal is not a retrial, but merely a reexamination of the proceedings to ensure the trial was conducted fairly. Here's how to appeal a DUI

Instructions

Difficulty: Moderate

1. Hire a DUI attorney with a good track record in cases similar to yours. Without an attorney, you may miss key deadlines and steps that are necessary to appeal your DUI case.
2. Request a new trial. Before you appeal your DUI case, ask the judge who presided over your case for a new trial or for the decision to be overturned. Although this is unlikely, it is the start of the appeal process.
3. File an appeal quickly. You usually have between 10 and 30 days to file a notice of appeal, depending on your state's laws. Appeals are only available on cases that went to trial. If you accepted a plea bargain, you probably waived any rights for an appeal.
4. Ask for copy of each form filed. The appeal process is largely handled by the lawyer before an appellate court, so ensure that your lawyer stays on top of your case by getting copies of all briefs and forms filed with the court.
5. Regardless of the outcome of your appeal, consider working with a group like the National Council on Alcoholism (see Resources below). If you have a past or present problem of drinking or other substance abuse, the Council can help you avoid repeat DUI offenses.

Tips & Warnings

• The arresting officer must read you your "chemical test" rights before administration of blood alcohol tests. These rights include consequences for refusing to take a blood or urine test. You may be able to challenge the suspension of your license if you were not read these rights.
• If you feel you were misrepresented by your original lawyer, you can file an appeal based on that. Hire a new attorney to help you through the process.
• A DUI conviction must be reported on job applications. If your appeal is denied, your lawyer may be able to help you remove or modify the conviction in other ways.