How to Appeal a DUI Sentence

Having a designated driver saves you the money and time consumed by DUI proceedings.

If you have been tried and convicted of driving under the influence or DUI, you do have the option of appealing the sentence. You appeal your sentence when you and your lawyer believe that you have been wrongfully convicted and sentenced. A DUI can be appealed at the state or federal level. If you choose to appeal at the federal level the court will not only reopen your case, but it will look into the process by which your case was determined previously from a legal standpoint. Discuss whether you should appeal to your state court system or to the federal system with your lawyer. This is determined on a case-by-case basis. Once you have come to a decision you can continue.

Instructions

1. Appeal your case with either the state or federal courts as soon as possible after your conviction. Your lawyer will handle the appeal paperwork with the courts and let you know when the court date for your appeal will be.

2. Discuss the facts of your original trial with your lawyer. Find and document any legal errors that affected your sentencing. These will be presented in court.

3. Go to court. In court you can argue that there were mistakes in the legal system which affected the jury's decision and your case. You can also argue that legal errors were made in your sentencing. You want to prove that your case should be dismissed or that your case deserves to be retried.

4. The judge will decide whether or not your case will be retried or not, or if it will be dismissed. After he hears your case, you must wait for his final decision.

References

• Drunk Driving Laws: DUI Appeals