Can You Appeal a DUI Conviction in Georgia? Here’s What You Need to Know
A DUI conviction in Georgia can carry serious consequences—jail time, fines, license suspension, probation, and a permanent criminal record. But if you believe the court made a mistake in your case, you may have the right to file an appeal. At The Spizman Firm, our Atlanta DUI Defense Attorneys help clients across Georgia fight unfair or unlawful DUI convictions by navigating the appeals process with experience and precision.
What Is a DUI Appeal?
A DUI appeal is a formal request for a higher court to review your conviction. It is not a new trial, and you typically cannot introduce new evidence. Instead, the appellate court examines the legal process of your original case to determine whether a legal or procedural error occurred that may have affected the outcome.
Common grounds for a DUI appeal include:
- Improperly admitted evidence
- Errors in jury instructions
- Constitutional violations (e.g., unlawful traffic stop or search)
- Prosecutorial misconduct
- Ineffective assistance of counsel
- Lack of probable cause for arrest
Time Is Limited: Don’t Wait to File
In Georgia, you have a very short window to file a notice of appeal—usually 30 days from the date of your conviction or sentencing. Missing this deadline could mean losing your right to appeal altogether. That’s why it’s critical to contact a DUI defense attorney as soon as possible if you’re considering an appeal.
What Happens During the DUI Appeal Process?
After filing a timely notice of appeal, your attorney will:
- Obtain the trial record, including transcripts, motions, and rulings.
- Identify legal errors that may have affected the fairness of the trial.
- Submit a written appellate brief explaining why the conviction should be reversed or modified.
- Respond to the prosecution’s brief and, in some cases, argue the case before an appellate panel.
The appeals court may do one of the following:
- Affirm the conviction
- Reverse the conviction and order a new trial
- Reverse the conviction and dismiss the charges
- Modify the sentence
Can You Stay Out of Jail During the Appeal?
Whether you must begin serving your sentence while the appeal is pending depends on the court’s decision. In some cases, you may be able to request a stay of execution of the sentence, allowing you to remain free during the appeal process. This is more common in misdemeanor DUI cases and for first-time offenders.
Why an Experienced DUI Attorney Matters
Appeals are highly technical and require a deep understanding of appellate law, trial procedure, and the specifics of DUI defense. At The Spizman Firm, we know how to spot errors that others may miss and how to build a compelling legal argument to challenge your conviction.
Contact The Spizman Firm Today
If you’ve been convicted of DUI in Georgia and believe something went wrong in your case, don’t wait to explore your options. The appeals process is complex and time-sensitive, but it could make a significant difference in your future. At The Spizman Firm, we serve clients throughout Georgia, including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek, and Sandy Springs. Contact us today for a confidential consultation.
Source:
dds.georgia.gov/dui-first-offense-21-and-over
