How to Appeal a DUI Conviction

Instructions

Difficulty: Moderate

Step 1:
Hire a DUI attorney with a good track record in cases similar to yours. Without an attorney, you may miss key deadlines and steps that are necessary to appeal your DUI case.

Step 2:
Request a new trial. Before you appeal your DUI case, ask the judge who presided over your case for a new trial or for the decision to be overturned. Although this is unlikely, it is the start of the appeal process.

Step 3:
File an appeal quickly. You usually have between 10 and 30 days to file a notice of appeal, depending on your state's laws. Appeals are only available on cases that went to trial. If you accepted a plea bargain, you probably waived any rights for an appeal.

Step 4:
Ask for copy of each form filed. The appeal process is largely handled by the lawyer before an appellate court, so ensure that your lawyer stays on top of your case by getting copies of all briefs and forms filed with the court.

Step 5:
Regardless of the outcome of your appeal, consider working with a group like the National Council on Alcoholism (see Resources below). If you have a past or present problem of drinking or other substance abuse, the Council can help you avoid repeat DUI offenses.

Tips & Warnings

• The arresting officer must read you your "chemical test" rights before administration of blood alcohol tests. These rights include consequences for refusing to take a blood or urine test. You may be able to challenge the suspension of your license if you were not read these rights.
• If you feel you were misrepresented by your original lawyer, you can file an appeal based on that. Hire a new attorney to help you through the process.
• A DUI conviction must be reported on job applications. If your appeal is denied, your lawyer may be able to help you remove or modify the conviction in other ways.

How to Find Information on the DUI Penalty in New York

DUI, or driving under the influence, is widely defined as using a motor vehicle while affected by drugs or alcohol. The state of New York has a zero-tolerance policy toward offenders under the age of 21. New York DUI laws also contain an informed consent clause that requires all drivers to submit to field sobriety testing. Here is more information on the New York DUI law.

Instructions

Difficulty: Moderately Easy

Step 1:
Review the stepped-up penalty process for DUI violations under New York state law. DUI violators with 2 counts on their record can have their vehicle confiscated until they have gone through assessment and treatment. Read more in the online version of the New York State DMV Web site's brochure, 'You and Drinking Driving Laws' (see Resources below).

Step 2:
The New York State Office of Alcoholism and Substance Abuse Services (see Resources below) can provide treatment options. This state office provides courses and programs for DUI offenders and those who are dealing with addiction even if they haven't broken any laws.

Step 3:
Get information about the state's DUI laws and repercussions by speaking with a public defender. Public defenders are intimately aware of state laws and can determine the possible penalty depending on a case's severity.

Step 4:
New York State law provides strict penalties for first-time offenders. County and circuit court judges have the leeway to sentence initial DUI offenders to a year in jail and revoke their licenses for a minimum of six months.

Step 5:
Consult with a criminal attorney to learn more about the DUI laws and penalties. Attorneys will often review the available evidence and determine the best course for their client. Drivers in New York who feel that the evidence was not collected correctly can pursue a trial in order to decrease their penalties. Find a DUI lawyer through the National Association of Criminal Defense Lawyers Web site (see Resources below).

Step 6:
Know the price. The costs of violating New York DUI laws can add up. In addition to the fines offenders incur, there are administrative surcharges and legal fees. These costs can exceed several thousand dollars, depending on the severity of offense.

How to Find the Cost of a DUI Conviction

Aside from the social stigma, time commitment and energy involved in a DUI conviction, there is considerable financial cost. This can include license reinstatement costs, court fees, attorney fees, mandatory DUI classes, an interlock device on your steering wheel and ongoing drug and alcohol counseling. Here's how to get information on DUI costs.

Instructions

Difficulty: Moderate

Step 1:
Start your search for information on the cost of a DUI conviction on the Internet. Search on FindLaw (see Resources below) under 'DUI' for general country-wide attorney fee estimates.

Step 2:
On your state's Department of Motor Vehicle Web site you should find specific information on DUI laws and a scale of what you can expect your costs will be, based on the severity of the violation.

Step 3:
Hire an attorney who specializes in DUI cases if your income allows it. This attorney will be able to give you solid information on what to expect in terms of cost.

Step 4:
Add your attorney's fee into your total. You can request an estimate, or estimate this cost based on your attorney's hourly rate.

Tips & Warnings

• Many DUI attorneys offer a free consultation to go over the basic facts of your case. Ask for a ballpark figure on what the defense will cost you, based on state laws and your particular situation. You have the right to have your costs estimated free of charge.
• A DUI conviction can be costly for years to come. Your insurance rates will increase, sometimes dramatically. For some, a DUI conviction will also be costly in terms of employment--with limited options for the future and, in some cases, termination.

How to Find Information on the DUI Penalty in Texas

Texas DUI (driving while under the influence) laws forbid any person with a blood alcohol content of 0.15 from driving within state borders. Drivers under 21 cannot have any alcohol in their system while operating a motor vehicle. Here is more information on the Texas DUI law.

Instructions

Difficulty: Moderately Easy

Step 1:
Find information on substance treatment programs through the Substance Abuse and Mental Health Services Administration (see Resources below). This national body, under the Department of Health and Human Services, maintain numerous facilities throughout Texas for drivers with a DUI on their record.

Step 2:
Many Texas attorneys specialize in DUI and traffic cases. Litigants must balance the cost of legal fees against the potential penalty for DUI offenses. Find an attorney through the Web site for the National Association of Criminal Defense Lawyers (see Resources below).

Step 3:
Cooperate with the Texas magistrate who hears your DUI case. Magistrates and other judicial officials have leeway in the penalties they render against multiple offenders.

Step 4:
Remember that penalties increase for multiple DUI offenses in Texas. State law allows Texas magistrates to fine third-time offenders several thousand dollars. Read more about Texas DUI and DWI penalties at DUI.com (see Resources below).

Step 5:
A strenuous campaign by Texas State Patrol officers to end DUI offenses is under way. According to the Texas Department of Public Safety, over 110,000 drivers and passengers are harmed annually in alcohol-related accidents.

Step 6:
The Administrative License Revocation Program, administered by the Texas Department of Public Safety (see Resources below), contains the rules by which the state can revoke the license of anyone arrested for a DWI or DUI.

Tips & Warnings

• Drivers accused of DUI can refuse to make statements to officers or judges that may incriminate them.
• Recent changes in Texas DUI laws require the use of Ignition Interlock Devices in limited situations. These devices are attached to the vehicle ignition, and require the driver to pass a breath test before the ignition will turn on.
• As a result of a DUI conviction, your current car insurance provider may cancel your policy. Your rates will rise significantly, resulting in expensive premiums.

How to Find Information on the DUI Penalty in Florida

DUI (driving under the influence) laws dictate that drivers affected by drugs or alcohol are incapable of operating their vehicles. DUI violations in the state of Florida can lead to an arrest and a hearing in court. Penalties are substantially increased with blood alcohol content of 0.20 and over. Here is more information on DUI law in Florida.

Instructions

Difficulty: Moderately Easy

Step 1:
In the Victim Awareness Program offered by the Florida Safety Council (see Resources below) two-hour sessions are an alternative to DUI courses and feature a panel of victims who have been affected by DUI in some way.

Step 2:
Learn about the penalty assessed on DUI offenders by the Florida Department of Highway Safety and Motor Vehicles. Those convicted of a first-time DUI offense lose their license for six months and have a notation on their record for 75 years. More information about penalties is available through DUI.com (see Resources below).

Step 3:
Multiple DUI offenders in Florida must have an Ignition Interlock Device attached to their vehicle. This device is installed at the expense of the driver and prevents use of a vehicle with a driver whose breath registers a blood alcohol content (BAC) of 0.05 and over. Multiple DUI offenders may have this device for up to five months, depending on the severity of the offense.

Step 4:
Florida State Patrol officers have the right to do field sobriety tests, like breath tests, and judges can assess greater penalties for uncooperative drivers.

Step 5:
Municipal and state judges in Florida are required to offer counsel under the Sixth Amendment of the Constitution. Public defenders can help a litigant decrease their penalty or appeal decisions. To find an experienced criminal lawyer, see the Web site for the National Association of Criminal Defense Lawyers (see Resources below).

Tips & Warnings

• You can appeal DUI judgements and tickets that seem excessive. Litigants in the United States are protected against cruel and unusual punishment, which includes excessive fines or prison sentences.
• For a first conviction, DUI offenders in Florida are required to do 50 hours of community service.

How to Win a DUI Case

Working with a good attorney, you may be able to escape a DUI conviction or at least minimize the consequences. Follow these steps.

Instructions

Difficulty: Challenging

Things You’ll Need:

• Computer with Internet access
• Attorney who specializes in DUI cases

Step 1:
Search for the best attorney you can afford through an organization like Total DUI (see Resources below). Don't skimp here: A better attorney may know the loopholes and defenses needed to win a DUI case.

Step 2:
Challenge everything. The easiest way to win a DUI case is to challenge every step of your arrest, from the initial motive to pull you over to the testimony of the arresting officer. You have rights regarding your arrest, and if those rights were violated, you may have a strong case.

Step 3:
Accept a plea bargain. If you can't win outright, you may be able to work out a plea bargain that reduces the charges and lessens the punishment. Your attorney can help you decide if going to court or bargaining is your best option.

Step 4:
Consider attending treatment classes before you go to court. The American Council on Alcoholism offers a list of programs (see Resources below). Getting help before you are ordered to attend classes by a court may help your case.

Step 5:
Request a new trial. If you lose your first case, you may request a new trial or appeal the conviction.

Tips & Warnings

• If you were not read your chemical test rights before submitting to a blood or urine blood alcohol content (BAC) test, you may have a strong case to have the test results dismissed. These rights must be read and should include the consequences for refusing the tests.
• Going to trial can be risky and may result in stiffer penalties than a plea bargain. Look at all your options before proceeding to court.
• Winning the criminal case may not help you in an administrative case with the DMV. Both cases are fought separately.
• It is easier to win a DUI case if this is your first offense. Prior convictions and plea bargains count against repeat offenders

How to Find Information on the DUI Penalty in Arizona

Arizona state law provides for a number of penalties and other punishments for DUI (driving while under the influence) offenders. If you live in or plan to visit Arizona, read on to learn more about the law.

Instructions

Difficulty: Moderately Easy

Step 1:
Research the impact of drunk driving and impaired operation through the Web site for Arizona's chapter of Mothers Against Drunk Driving (MADD) (see Resources below). The site includes testimonials from victims of DUI cases and prevention information for drivers.

Step 2:
An Arizona Motor Vehicles Department administrator will decide whether a driver needs to use an Ignition Interlock Device after the second offense. The MVD can also deduct points from a driver's license depending on the severity of the offense.

Step 3:
Arizona has a zero-tolerance policy for drivers under 21. A driver who is found to have any trace of alcohol in his or her system faces a mandatory 2-year license suspension.

Step 4:
Learn about the penalty and fine information that Arizona criminal courts can levy against DUI offenders. A consultation with counsel will reveal, for example, that Arizona judges can confiscate vehicles after a third offense.

Step 5:
An attorney will often recommend a guilty plea to expedite the penalty phase of legal proceedings. Litigants who feel they are unfairly convicted can appeal to reduce or overturn their penalty. You can find a DUI lawyer through the Web site for the National Association of Criminal Defense Lawyers (see Resources below).

Tips & Warnings

• Police officers do not have the right to search and seize private property. Officers who stop someone for a suspected DUI must have probable cause or a search warrant or they may not inspect the vehicle.
• In Arizona, the court will suspend your license for 90 days if you're convicted on a first offense.