Arlington DUI Appeals Lawyer
Arlington DUI conviction penalties can be harsh. If you have sustained a DUI conviction, it may seem like a nightmare. However, there may be a glimmer of light at the end of your tunnel.
Under certain circumstances, individuals who have sustained a DUI conviction may be able to file an appeal in the circuit court. DUI appeals can be complex, and if you are thinking about filing an appeal, you need an experienced appellate lawyer on your side representing you.
An Arlington DUI appeals lawyer could meet with you to discuss the basis for your appeal and may be able to advocate for your interests in court. Call today to schedule a consultation with a seasoned DUI attorney.
Legal Elements of an Appeal
The legal elements which are at issue in an Arlington DUI appeal include the following:
- Whether the defendant driver was operating a car, truck, or another motor vehicle at the time
- Whether the defendant driver was under the influence of drugs or alcohol at the time – or had a blood alcohol concentration (BAC) of 0.08 percent or higher
In addition to these appeal elements, several affirmative defenses to the DUI charge may be in play. For example, the defendant may be able to argue that they did not become intoxicated of their own free will (involuntary intoxication). In that case, the court may ultimately find a DUI defendant not guilty. For more information about the legal elements of an appeal, speak with an Arlington DUI appeals lawyer.
A convicted driver may be eligible to appeal a variety of legal issues. For example, the defendant may be able to show that the traffic stop leading up to their DUI arrest was invalid.
Although police officers may stop motor vehicle drivers for violating any minor traffic law, such as having a taillight out, there must be at least reasonable suspicion of criminal activity or probable cause for a traffic violation. An officer may not stop a vehicle for any reason at all.
If no reasonable suspicion for the traffic stop existed, then the defendant may be able to challenge the stop on appeal. This is especially true if the trial court did not strike certain evidence which stemmed from an invalid traffic stop. A seasoned Arlington DUI appeals lawyer could help a defendant challenge a stop.
Although police officers need only reasonable suspicion of a traffic violation to pull a vehicle over, they must have probable cause that the defendant committed the offense in order to arrest them. If a police officer did not perform certain field sobriety tests according to established protocol, the entire arrest may be invalid. The defendant can then challenge the validity of their arrest on appeal.
A DUI defendant may be able to appeal the admissibility of a prior DUI conviction. Prior convictions are important in DUI cases because each subsequent offense carries a potentially higher punishment.
However, the DUI laws of every state are not always comparable to the laws applicable in Arlington. On appeal, the defendant may be able to successfully allege that an out-of-state DUI conviction does not amount to a prior conviction in Arlington.
Call an Arlington DUI Appeals Lawyer Today to Discuss Your Case
If you sustained a DUI conviction in an Arlington court, you may be able to appeal your conviction to the circuit court. A circuit court can review your DUI case anew and may be able to reverse the General District Court’s decision. An Arlington DUI appeals lawyer could review your case with you and explain your legal options. If you are thinking about filing an appeal, contact an attorney today.