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Can you appeal a DUI conviction?


Can you appeal a DUI conviction?

On behalf of Patrick T. McNally, Attorney at Law | 
June 22, 2020

If you get convicted of a DUI, do not assume that you have no options left and you simply must accept that conviction. You may still feel that it was made unfairly. In a case like that, you will be glad to know that you may be able to appeal that conviction. Just because the initial case ended — and not in your favor — does not mean that this is over.

Appeals generally show up in two categories: A substantive appeal or a procedural appeal. A substantive appeal could be based on a motion to suppress evidence or exclude confessions. A procedure appeal could be based on a mistake made in the legal process, perhaps while taking your guilty plea.

Either way, the argument that you make in an instance like this is that mistakes made during the court process influenced the way that the judge and/or the jury ruled on your case. If these mistakes had been avoided, you feel that another outcome could have been reached. You do not think it is fair to let the conviction stand as is. Your appeal asks that the mistakes be rectified and the verdict be considered once again.

You’re fighting for a fair use of the legal justice system. People are not perfect. Systems are not perfect. But do you want mistakes during your case to get you convicted when you know that you should have cleared your name and gotten the charges dropped? No one wants that, not even the court. They want a fair and just outcome. Filing for an appeal gives you a chance to fight for that type of justice.

As you move forward with the appeal, be sure you know exactly what steps to take to ensure a different outcome this time.

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