Law Offices of Christie A. Leary P.C.
Call Us: 703-359-7111

If you have been convicted of driving under the influence, you may be able to appeal your conviction in certain circumstances. Most DUI appeals rest on whether something went wrong during the trial, such as a procedural or substantive error.

Some examples of procedural errors are not being given enough time to testify, or an error while entering the verdict. Substantive errors include excluding evidence that could have established your innocence or suppressing evidence related to your arrest. For example, many officers fail to read drivers their Miranda rights during the arrest, violating the driver's Constitutional rights. If evidence of this failure was not heard at trial, you may be able to get a retrial.

In order to file an appeal on a drunk driving conviction, your attorney will need to file a petition with an appellate court detailing the mistakes that were made during the original trial. The petition will also address how these mistakes impacted the jury's decision or the severity of the driver's sentence. The court will only consider the record and transcripts from the original trial and will not consider new evidence when deciding whether to grant your appeal. The court will also look at written briefs filed by both sides. If the motion to appeal your case is successful, the court will essentially dismiss the results of your first trial and your case will be retried at a later date.

Errors made during DUI trials can be the difference between a guilty and not guilty verdict. If you believe that trial errors resulted in your DUI conviction, you may want to consider your legal options.

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