The Los Angeles DUI Law Blog

Appealing a DUI Conviction

If you've been convicted of a DUI but still feel that you're not guilty of the crime or that there were legal errors that altered the basis of your trial or sentence, you may have the right to appeal the case.

When appealing, you're asking a higher court to review certain aspects of the case for legal errors regarding the conviction itself or the sentence imposed. The Los Angeles DUI defense attorney that represented you in your trial does not necessarily have to handle your appeal. You should ask the DUI defense attorney if he or she is able to represent you or find another one that is willing to.

It's important to note that when the court reviews a DUI case, only the record of proceedings in the lower court is looked at. Generally, new evidence is not considered in appeal cases.

While it may take a number of months for an appeal case to be decided, or even heard, an appellant must notify the courts and the government of the intent to appeal soon after the conviction or sentence. But what happens if the law changes after you've been convicted of a crime? If this is the case, then you might be able to have your conviction overturned.

Let's say marijuana possession becomes legal in California. Then those who have already been convicted of marijuana possession might be able to have their conviction overturned. It all depends on whether the change in the law is retroactive. See FindLaw's "Criminal Justice: court procedures" for more information about law changes after convictions.