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Can I Appeal My DUI Conviction



Driving under the influence or driving while intoxicated are serious crimes in all states. Prosecutors and judges take these cases very seriously because of the danger that impaired drivers cause. DUI laws vary from state to state, and each case is different because of the unique facts surrounding the case. Whether you can appeal a DUI or DWI conviction depends on a variety of factors, including how you were convicted, if you entered a plea subject to any conditions and whether you have complied with time deadlines specified in state law.

Pleas In DWI Or DUI Cases

Being charged with any criminal offense disrupts your life and leaves you with some difficult decisions. The best decision you can make is to hire a skilled DUI attorney to protect your rights in court. A good DWI attorney will advise you about whether you should negotiate a plea of guilty or no contest or whether you should enter a plea of not guilty and go to trial. Some states have educational programs that can help you avoid a DUI conviction.

Reserve Your Right to Appeal

If you and your DUI lawyer ultimately decide to accept a plea offer, you must understand the conditions of the plea. Most judges will tell you at the time of your plea that you are waiving or giving up your right to file a DUI appeal. If you wish to enter a plea and retain your right to appeal, most states require you to specifically inform the court that you are reserving that right. Usually the court has the discretion to allow you to reserve the right to appeal or not. If the court makes a mistake in your sentencing, you have the right to appeal, but you should discuss all of these matters in detail with your lawyer before accepting any plea.

Time Limits For Appeals In DUIs

All criminal cases have time limits for appeals written in state law. Although different states have different deadlines, most states allow a short time for you to file an appeal. Hiring a knowledgeable attorney is the easiest way to ensure you meet the deadlines. Attorneys are familiar with state statutes and recent caselaw regarding DUIs or DWIs. Contact a DUI or DWI attorney today to help you protect your rights and ensure that you meet the requirements appeal your DUI.

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