DUI Appeals

DUI Appeals Lawyer in Northern Virginia

 

If you’ve been charged with a DUI, you could be facing severe penalties. Depending on if this is your first DUI offense or not, you could receive a license suspension, a heavy fine, and even jail time. These penalties may increase if the incident involved a high concentration of alcohol/drugs or injury to people or property.

Because a conviction can have serious consequences to your reputation and driving record, if you’ve been convicted of DUI in one of Virginia General District Courts, you must take action immediately. You need to speak to an experienced DUI attorney about appealing your case to the Circuit Court for you case to be decided by a jury of your peers.

Appealing a DUI charge can be a difficult and long process, so you must consult with an experienced DUI attorney, who also has experience trying jury trials.  The team at J. Madison PLC has years of experience trying DUI cases to juries. Our attorneys will closely analyze your situation and help you determine if taking an appeal is the right option in your case, and then help you build a defense strategy.

Grounds for Appeal

Although appealing a DUI conviction can be a tough battle (especially if evidence shows the driver’s BAC was above the 0.08 limit), there are some conditions that could lead to a DUI conviction being dropped.

  • Probable cause for a traffic stop: A police officer must have a reason for pulling over a vehicle and making a DUI arrest. Typically, DUI drivers swerve, drift into other lanes, ignore traffic signs, or even drive too slowly. These indicators may give an officer probable cause to pull over a vehicle and conduct a field sobriety test if necessary. However, if you believe the officer pulled you over without probable cause and then arrested you for DUI, this could be a good reason to appeal your conviction.
  • Insufficient or Inadmissible Evidence: Usually, the evidence collected in a DUI case is accurate: the results from either a blood or breath test showing a BAC of over 0.08 percent. But there are situations where this evidence may be unreliable because of the way the test was administered or because of factors not present in the ordinary case. As a generalization, this tactic involves attacking the scientific reliability or legal sufficiency of the evidence.
  • Failure to read Miranda Rights: In Virginia, police officers are required to read an arrestee their Miranda Rights before interrogating them. If the officer in your case did not read your Miranda Rights before subjecting you to a custodial interrogation, that may be grounds to have the evidence thrown out. This is yet another example of why it is important to consult with an experienced DUI attorney.

J. Madison PLC: Fighting for You

J. Madison PLC is a law firm in Northern Virginia that provides both employment and criminal legal defense services. Our attorneys are experienced, compassionate, and will make you their number one priority at every step of the way.

If you want to appeal your DUI conviction, you must act fast because you only have 10 days to appeal! Contact J. Madison PLC today at (703) 910-5062.

Former Arlington County prosecutor Benjamin R. Inman leads J. Madison PLC's criminal defense practice.

Get Help With Your Legal Issue

J. Madison PLC helps Virginians who need representation with employment law or criminal law cases. If you are facing discrimination, harassment, or retaliation at work, or if you feel that you've been wrongfully terminated, J. Madison PLC may be able to help. Also, if you've been charged with a crime, including DUI, or a traffic citation, J. Madison PLC may be able to help. But before we can talk to you about your case, we need to make sure there are no conflicts of interest. Give us your name and contact information, and enough information to conduct the conflict of interest check, and we'll get in touch as soon as we confirm we're not on the other side.