Appealing an DUI Conviction in Pennsylvania

Even the most experienced attorneys know that courts can sometimes make the wrong decision. Being accused of a DUI doesn’t automatically mean you are guilty, and often, the prosecution’s evidence is insufficient for a conviction. In Pennsylvania, it’s possible to appeal a DUI conviction under certain circumstances.

The justice system in Pennsylvania is designed with checks and balances. If a legal error occurs during a trial, there are procedures in place to rectify it. The court of appeals is one of these crucial steps.

Filing an appeal means you are requesting a different judge or a panel of judges to review your case. They will scrutinize the trial proceedings to determine if any mistakes were made. If they find no errors, your conviction will be upheld. However, if they do identify mistakes, two outcomes are possible: they might send your case back to the lower court with instructions for the judge and jury to reconsider, or they could overturn the conviction entirely. For guidance, a Pittsburgh DUI lawyer can explain these potential outcomes in detail.

Certain common errors in DUI cases frequently lead to an appeal. These include:

• The judge incorrectly determined there was reasonable suspicion when the police stopped your vehicle.
• Breath or blood test results that should have been inadmissible were allowed as evidence against you.
• The judge mistakenly concluded that the police had probable cause for your arrest.
• Results from field sobriety tests were improperly used as evidence against you.

It’s vital to understand that an appeal is centered on legal mistakes made during your case. An appeals court will only review the evidence presented in your original trial; it will not consider any new evidence. While an appeal can result in a new trial, it is not a new trial itself.

Why Consider an Appeal?

A DUI conviction can have a devastating impact on your life. If the court errs and convicts you when it shouldn’t have, you face consequences for an act you didn’t commit—often with long-lasting effects. Any of the following can stem from an DUI conviction in Allegheny County:

• Losing your job
• Facing jail time
• Having points added to your driver’s license
• Losing your driving privileges
• Paying substantial fines
• Getting a permanent criminal record
• Having your vehicle immobilized or forfeited
• Paying higher auto insurance premiums

A successful appeal can eliminate many of these issues. A knowledgeable Pittsburgh criminal lawyer can help you navigate this process.

How Do Appeals Happen?

Once you decide to appeal a DUI conviction, your Pittsburgh DUI lawyer will initiate the process by filing the necessary documents with the appellate court. They will arrange for your court transcript to be sent to the appeals court for review.

Your attorney will then thoroughly examine your case to identify potential legal errors. They will compile these mistakes into a written argument called a “brief.” This document explains the errors and cites the relevant laws that support overturning the conviction. The prosecutor will submit their own brief, arguing why the conviction should stand. Depending on the case’s complexity,Pittsburgh DUI lawyers may file additional written arguments.

The appellate court judges may schedule a hearing or base their decision solely on the submitted briefs. If a hearing is granted, your Pittsburgh criminal lawyer and the prosecutor will have the opportunity to present their arguments in person and answer any questions from the judges.

After reviewing all the details, the judges will issue their written decision. This process can take some time, particularly for complex cases.

Why Do I Have to Have a Lawyer Help Me With This?

Appeals are strictly based on the law and legal mistakes made in court. Since the average person is not familiar with the extensive and nuanced DUI laws, hiring a legal expert is crucial. The right attorney can be the deciding factor between your conviction being upheld or overturned.

The attorney who represented you initially might handle the appeal, but you may prefer to hire a different one. If you didn’t have legal representation before, it’s essential to hire an attorney now. Look for a Pittsburgh criminal lawyer with a successful track record in appealing cases similar to yours.

Also, remember that there is a strict time limit for filing an appeal. If you’re considering this option, contact an attorney as soon as possible.

The Logue Law Group has the most skilled DUI attorneys available. Call 412-387-6901 or contact us online to schedule your consultation.