If you faced your DUI charges and were found guilty, then you may assume that you are out of options. However, there may be other steps you can take. If your case involved any type of legal error then you could have the conviction thrown out and you could get a second trial. If you have reason to believe that there was a legal error on your DUI conviction then we urge you to contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation.

DUI appeals in California

You cannot file a DUI appeal until your trial is over and you lost. Note that filing an appeal does not mean that the appellate judge is going to re-hear the facts of your case and decide if you were guilty or not based on the facts. Judges or juries at trial are responsible for those decisions – not an appeals judge. The only thing an appellate judge can do is to look at the legal aspects of the case to determine if there were any errors made. If they find that there were, then you may be entitled to a new trial.

What happens when you win a DUI appeal in California

If you win your appeal then your conviction will be overturned. Does this mean that you are free to go and your criminal record is erased? Not so fast. What it actually means is that your case is essentially turned back to where it was before the trial. The prosecutor has the option of retrying the case entirely but in most cases they are more likely to offer you a better plea deal. In some cases, they may not retry it at all. This is a situation in which having the right criminal defense attorney can make a huge difference.

Potential grounds for appealing a DUI case

In order to successfully appeal your Dui case, you must be able to show that the trial judge made errors. In most cases, this involves a judge allowing evidence at a trial that they should not have allowed. This may involve a case in which you were illegally stopped, arrested, or searched. If found valid, then the appellate judge may decide that the evidence is thrown out and the conviction dismissed.

One common example in a DUI case is a police officer stopping someone without enough evidence to do so. They cannot simply pull cars over because they saw them leaving an establishment where there was alcohol, or when they have a hunch that someone is under the influence. They must have probable cause for pulling you over. If they draw blood without your consent or a court order then this is considered a violation of your rights.

These are just a few instances in which you may be able to appeal a criminal DUI conviction. If you believe that you may have grounds then we urge you to contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation as soon as possible.