DWI Appeals
Even if you have been convicted of driving while intoxicated (DWI), you may still be able to appeal your case. During an appeal, a higher court reviews the facts of your case to determine if a legal mistake was made during the trial itself as well as the sentencing.When you file a DWI appeal, you are referred to as the “appellant” rather than the defendant. During the appeal, your DWI defense lawyer will point out key legal errors that affected your trial and/or sentence. Your attorney will then ask the higher (or appellate) court to have your case re-tried or re-sentenced.
It is important to know that the appellate court only looks at the original case records during a DWI appeal—new evidence may not be introduced. The record consists of transcripts as well as physical evidence.
After reviewing the evidence, the appellate court will then look at each party’s written briefs. The appellant submits the opening brief, explaining the legal mistakes made and why the conviction or sentence should be overturned. The government will then respond, rebutting the appellant’s remarks and explaining why the verdict and sentencing should be upheld. The appellant may then submit a second brief in response to the government’s argument. In some cases, the appellate court will allow oral arguments from both the government and the appellant.
Every state has laws regarding when an appeal may be filed—most states require that the appeal be filed shortly after the DWI conviction and sentencing. However, it may take months before the DWI appeal even makes it to the appellate court.
Not every case is automatically granted an appeal. For example, if a defendant pleads guilty or no contest during the arraignment, he or she cannot go back and appeal the plea. If no legal mistakes were made in the original trial or sentencing, an appellant will also not win his or her appeal. Additionally, it may be harder to win an appeal if you had a bench trial rather than a jury trial.
If you are interested in filing a DWI appeal, you should speak with an experienced defense lawyer as soon as possible.You have a limited amount of time to file an appeal and it is important to have skilled legal representation on your side.
