Can I fight a DUI conviction?

Those in West Virginia who have been convicted on impaired driving charges may feel that they have little, if any, recourse. However, it is possible to continue fighting even after a DUI conviction. In order to do this, one must utilize the appeals process.

Appealing a criminal conviction is not a simple process, but that does not mean it is something that should be overlooked. Under the right circumstances, seeking an appeal could be the best decision and could result in a conviction being overturned, re-trial or sentence reduction. So, why might someone want to file an appeal?

Those who have been convicted but feel that errors were made in their cases may want to file appeals to a higher court. These could be legal errors or may pertain to other issues with the conviction or sentence. When an appeal is received, the higher court will review any records of the case and the brief provided by the appellant's attorney. Oral arguments may also be made, if necessary.

If one intends to appeal a DUI conviction, this is a decision that must be made soon after the conviction is handed down or one is sentenced. The appeals process can take time, but there are good reasons for pursuing this action if it is appropriate for the circumstances. In West Virginia, those convicted of DUI-related crimes can consult with experienced attorneys in order to determine if filing appeals is in their best interests. If it is, further assistance can be provided throughout the entirety of the appeals process.

Source: FindLaw, "DUI Appeals", Accessed on Jan. 13, 2016

Related Posts
  • Underage DUI: What Happens if My Child Is Arrested for DUI in West Virginia? Read More
  • How Do I Get My Driver’s License Reinstated After a DUI in West Virginia? Read More
  • Can I Be Arrested for DUI in West Virginia if I’m Sitting in a Parked Car? Read More