For some people, appealing a DUI conviction might not be worth the time and effort. However, for others, a successful appeal could mean that they do not have to deal with the consequences of having a DUI conviction. If you were convicted of a DUI and are considering an appeal, here is what you need to know.
What Are Your Chances of a Successful Appeal?
Contrary to popular belief, an appeal is not a chance for you to have a new trial. It is actually a review of the previous trial and how the law was applied to each aspect of your case. If the appellate court decides that there were errors made in how the law was applied in your case, it can choose to side with the original ruling, send the case back to the trial court, or dismiss the charge against you.
How successful your case will be depends largely on whether or not there is clear evidence of the law being improperly applied. For instance, if the judge allowed the prosecutor to build a case on a blood test that was not properly handled, you could argue that by allowing the evidence, the law concerning how tests are used was not correctly applied to your case. If the appellate court agrees, the charge against you could be dismissed.
Your DUI attorney can help assess your case and how the trial was handled to determine the chances of success in your particular case.
What If You Agree With the Conviction, But Not the Punishment?
In some instances, the defendant might agree with the conviction in his or her case, but not the punishment. When this happens, an appeal can be filed with the appellate court. Judges have the authority to impose punishment, but they do not have the right to punish beyond the limits established by the law.
For instance, if the judge sentenced you to a year in the county jail for a DUI, but the maximum punishment in your state for a first-time offense is 90 days, you could argue that the punishment is excessive. If the appellate court agrees, the case could be sent back to the trial court for resentencing.
Appealing a DUI conviction is a complex process that should be carefully planned by an experienced attorney. Your attorney can not only help with assessing your case, but also file the documentation necessary to start the appeals process if you decide to proceed. For more information, contact a business such as DANZ LAW OFFICE LLC.Share