How to appeal a DUI conviction

On Behalf of | Jan 23, 2020 | DUI

Individuals who have been found guilty of a DUI in South Carolina or any other state can appeal their convictions. Appeals may be based on procedural issues or substantive issues such as asking for evidence to be suppressed. It’s important to remember that an appellate court will not consider any new evidence when making its ruling. Instead, it will simply look at the record from the lower court to determine if any errors were made.

The record could include anything that was said by the judge, an attorney or a witness. Test results or other evidence that was introduced at trial may also be considered part of the record that an appellate court will take a look at. The court will also review briefs that are submitted by the appellant as well as by the government. In some cases, oral arguments take place before a ruling is handed down.

Those who wish to appeal a DUI conviction may have a short time period to announce their intention to do so. However, it may be several weeks or months before the appeal is heard. If an appellant receives a favorable ruling, the case may be thrown out. It’s also possible for that individual to receive a new trial or a new sentence.

A DUI conviction may come with a variety of serious consequences. For instance, an defendant may spend time in jail, pay a fine and lose his or her driving privileges for several months or years. Legal counsel could appeal a conviction by arguing that evidence was obtained illegally or that some other legal error occurred. This may result in a case being dismissed or a prosecutor offering a lighter sentence in exchange for a guilty plea.