If You've Already Been Convicted of DUI, Don't Despair - You May be Able to Clear your Record
Immediately after a DUI conviction, your first option is to request a new trial. If there were any procedural problems or errors during the course of the trial, your DUI lawyer may ask the court for another trial. If the judge agrees to a new trial, you have the opportunity to present your case again before a new jury. If you are found innocent in this trial, it will be cleared as if you were never convicted of a DUI in your first trial. In fact, sometimes when the court grants a new trial, the prosecuting attorney offers a better deal or a reduction in charges, or sometimes even decides not to spend the time and money necessary to try the case again.
DUI Appeals
If a judge does not grant a new trial, or if you are found guilty at the new trial, you may be able to appeal your DUI conviction. An appeal is very different from a trial. The appellate court will consider the trial record, and will not hear witnesses or assess evidence anew. You will probably not have to participate in the appeal process at all, as it mainly consists of filing briefs with the court and an oral argument. If the appeal is successful, the appellate court may vacate your conviction. Or, the appellate court might remand (send back) your case to the trial court for further consideration with the legal errors corrected.
However, if your appeal proves to be unsuccessful, there may still be options available. After a certain amount of time passes (normally one year after your conviction), your DUI lawyer can petition to have your DUI charges erased from your record. This legal procedure is referred to as an expungement. In many states you may be eligible for expungement after a misdemeanor conviction; however in most states it is not available for a felony conviction.
If you have been involved in a drunk driving accident or have been charged with a DUI, don't wait! Call our 24-hour toll-free hotline at (877) 349-1311 to learn about your rights.
You can also take our free online case assessment by entering details about your DUI conviction. Call or fill out our free case evaluation form now!
