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Appealing a DUI Conviction in West Virginia

Experienced Wheeling WV DUI attorneys are well aware that the court system can sometimes reach mistaken conclusions. It is important to understand that just because someone is accused of DUI does not necessarily mean they are guilty. Often, there may be insufficient evidence to prove their guilt. In West Virginia, DUI convictions can be appealed under certain circumstances.

Fortunately, the justice system in West Virginia prDUIdes remedies to correct errors made during trials. One such remedy is the court of appeals. When you file an appeal, it allows a different judge or panel of judges to review your case. Their objective is to assess any mistakes made during the trial and determine their impact. If no errors are found, your conviction will be upheld. However, if mistakes are identified, one of two things can happen. The case may be sent back to the lower court for reconsideration, or your conviction may be overturned.

Several factors often contribute to mistakes in DUI cases that can lead to an appeal:

  1. The judge’s erroneous determination of reasonable suspicion during the traffic stop.
  2. Allowing breath or blood test results to be used as evidence when they shouldn’t have been.
  3. The judge mistakenly finding the arresting officer’s probable cause for the arrest.
  4. Admitting field sobriety test results as evidence when they shouldn’t have been.

It is crucial to understand that an appeal is focused on identifying legal errors made in the case against you. The court of appeals will only review the evidence presented during the original trial and will not consider any new evidence that may emerge. While filing an appeal can potentially result in a new trial, it is not equivalent to a new trial in and of itself.

Why Consider an Appeal?

An DUI conviction can have a devastating impact on your life. If the court wrongly convicts you, you’ll face repercussions for something you didn’t do. These consequences can be long-lasting. Here are some of the outcomes that may result from an DUI conviction:

  • Loss of employment
  • Imprisonment
  • Addition of points to your driver’s license
  • Suspension of driving privileges
  • Costly fines
  • Creation of a permanent criminal record
  • Vehicle immobilization or confiscation
  • Increased auto insurance premiums

A successful appeal can alleviate many of these issues from your life.

How Do Appeals Work?

After deciding to appeal an DUI conviction, your attorney will initiate the process by filing the necessary papers with the appellate court. They will obtain and forward your court transcript to the appeals court for review.

Next, your attorney will review your case for potential mistakes, which will be identified and documented. This will be followed by the creation of a brief, explaining the errors made and the legal grounds supporting the quest to overturn the conviction. Your lawyer will submit this brief to the appeals court. The prosecutor will also file their own brief, arguing against the reversal or return of the conviction. Depending on specific circumstances, additional written arguments may be filed by the attorneys.

The judges at the appeals court can either schedule a hearing or make their decision based solely on the filed briefs. If a hearing is granted, both your Wheeling WV criminal attorney and the prosecutor will present their arguments in person and address any queries raised by the judges.

Upon reviewing all the information, the judges will draft their decision. This process may take some time, particularly for complicated cases.

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

Why should I enlist a lawyer’s help for this? Appeals focus solely on the law and on any errors made in court related to the law. Given that most individuals are unfamiliar with the complexities of DUI laws, it becomes crucial to hire a legal expert who specializes in this field. The right representation can make all the difference between a conviction upheld or overturned.

At times, the attorney who initially represented you can assist you during the appeals process. However, there might be instances where you prefer a different attorney. Alternatively, if you didn’t have legal representation before, it is essential to hire one now. It is of utmost importance to choose an attorney who has a proven track record of successfully appealing cases like yours.

It’s crucial to act swiftly as well, as there’s a limited window of time to file an appeal. If you’re considering this route, don’t hesitate to reach out to a Wheeling WV criminal attorney as soon as possible.

For the most skilled Wheeling WV DUI attorneys in Wheeling, look no further than the Mountaineer Criminal Law Group. Schedule a free consultation today by calling (304) 381-3656 or contacting us online.

Client Reviews

I had hired Mr. Logue a few years ago for my gf at the time for charges she had gotten before I had met her, for prostitution. Big mistake to date her and pay for her lawyer as we didn’t work out but Mr. Logue far exceeded expectations. He got nearly all charges in 2 separate cases dropped for her...


I was arrested on a felony 3 charge looking at at least up to 2 years in prison. County District Attorney didn't want to negotiate. After a lot of hard work, Sean was able to plead the case all the way down to just 90 days jail with a work release. Better deal than I realistically could have hoped...

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Mr. Logue took our son’s cases on very short notice (the first lawyer we hired wasn’t getting anywhere with either of the prosecutors and had actually turned one of the cases over to the court-appointed attorney). We hired Mr. Logue to go to trial if needed, but he worked with both prosecutors and...

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