DUI Appeals Attorney in Delaware County, PA

If you were recently convicted of DUI in Pennsylvania, it doesn’t have to be the end of the road. Many people in this situation ask themselves, “I lost my DUI case—can I appeal?” The answer is yes—you can appeal a DUI conviction in PA, but strict deadlines apply and the process can be complex.

If you’re thinking about challenging a DUI conviction in Pennsylvania, here’s what you need to know—and how a DUI appeals attorney in Delaware County can help. At the Law Office of Steve F. O’Meara, we work with clients in Media and throughout Delaware County to fight back after a DUI conviction.

Whether there were mistakes in the courtroom or your rights were violated during the process, a successful appeal could reduce your penalties—or even overturn the conviction entirely. But time is short. If you’re even thinking about filing an appeal, it’s important to act fast.

Understanding the DUI Appeal Process in PA

Appealing a DUI conviction in Pennsylvania involves several steps and strict procedures. Here is an overview of the DUI appeal process:

1. File a Notice of Appeal: To start an appeal, a Notice of Appeal must be filed in the court where you were convicted within 30 days of your sentencing. This officially notifies the courts and prosecution that you are challenging the conviction. (If you first filed optional post-sentence motions in the trial court – more on that below – the 30-day appeal clock starts after those motions are decided.)
2. Post-Sentence Motions (Optional): In Pennsylvania, you have the option to file post-sentence motions within 10 days of sentencing. Common post-sentence motions include asking for a new trial or arguing that the verdict was against the weight of the evidence. While not required, these motions can preserve certain issues for appeal. If you file a post-sentence motion, the trial judge will review it, and you must wait for a decision (or 120 days with no decision) before proceeding with the appeal. Any issues not raised in the trial court (either during trial or in a post-sentence motion) are generally considered waived on appeal, so it’s important your trial attorney raised all relevant objections.
3. Preparing the Legal Brief: After the notice of appeal, the real work of an appeal begins. Your attorney will prepare an appellate brief, which is a formal written argument. The brief explains the specific errors or legal issues in your trial that justify reversing the conviction (for example, a wrongly admitted piece of evidence or improper procedure). The brief cites legal precedents and statutes to support your position. The prosecution gets to file a reply brief arguing why the conviction should stand.
4. Oral Argument: In many DUI appeal cases, the appellate court (in Pennsylvania, typically the Superior Court) may schedule an oral argument. This is a short hearing where your attorney and the prosecutor each present their arguments to a panel of judges and answer the judges’ questions. Oral arguments allow the lawyers to clarify points from the briefs and emphasize why the conviction should be overturned or upheld.
5. Appellate Court Decision: After reviewing the briefs and any oral arguments, the appellate judges will issue a written decision. This can take several months (or more) after the briefs are submitted. The appellate court may uphold the conviction (deny the appeal), reverse the conviction (overturn it), or sometimes remand the case for further proceedings (for example, order a new trial in the lower court). In some cases, a successful DUI appeal could result in a dismissal of charges or a lighter sentence. If the appeal is denied, there may be further options, like appealing to a higher court (Pennsylvania Supreme Court) or pursuing post-conviction relief, but those are separate processes.

Throughout this process, no new evidence can be introduced. The appellate court only looks at the existing trial record to decide if legal mistakes were made. This is why it’s crucial that your trial was handled properly – the appeal is about identifying errors in the trial, not adding new testimony or proof.

Timeline: DUI appeals don’t resolve overnight. It’s common for an appeal to take around a year or more from start to finish. In Pennsylvania, if all parties move quickly an appeal might be resolved in under a year, but delays are frequent and some appeals can take several years if complex issues or court backlog arise. Your DUI attorney can give you a better idea of expected timing based on the specifics of your case and the court’s schedule.

When and Why Should You File a DUI Appeal?

Deciding whether to appeal a DUI conviction is an important choice. When should you consider filing an appeal? Ideally, immediately after you are convicted and sentenced – because of the tight 30-day deadline, you must act quickly. If you believe something went wrong in your case, you should talk to a lawyer before that window closes. Even if you’re unsure, an attorney can review the trial transcript to spot any appealable issues.

Why file an appeal? People appeal DUI convictions for a variety of reasons, usually boiling down to a feeling that the trial outcome was unjust or legally flawed. Here are some common grounds for a DUI appeal in Pennsylvania:

• Legal Errors During Trial: Perhaps the judge allowed evidence that should have been excluded, or gave improper instructions to the jury about the law. Any significant mistake in applying the law can be a reason to appeal. For example, if the court misinterpreted the DUI law or overlooked a key legal precedent, the verdict might be invalid.
• Violation of Rights: If your constitutional rights were violated – such as an illegal traffic stop or search (Fourth Amendment issues) – this can justify an appeal. Similarly, if you were denied a fair trial in some way, that’s grounds to seek a review.
• Ineffective Assistance of Counsel: Sometimes defendants feel their trial attorney did not competently defend them. Perhaps important evidence wasn’t presented or witnesses weren’t cross-examined effectively. If your lawyer’s poor performance affected the outcome, you can argue ineffective assistance of counsel on appeal.
• Juror or Prosecutor Misconduct: If a juror behaved inappropriately (for instance, discussing the case outside of deliberations) or a prosecutor violated rules (like making improper comments to the jury), these could be appeal issues.
• Sentencing Errors: Appeals aren’t only about the conviction – you can also appeal the sentence. If the judge imposed a sentence that is above the legal maximum, or calculated guidelines incorrectly, an appellate court can correct that. In DUI cases, things like miscalculation of prior offenses or incorrect grading of the offense might be appealable.
• New Evidence (in rare cases): Generally, appeals don’t consider new evidence. However, if truly new evidence emerges after the conviction (that couldn’t have been found earlier with due diligence) – for example, new DNA results or a witness recanting – this might be addressed through other post-conviction relief avenues. It’s not a direct appeal issue, but it’s worth mentioning to your lawyer as it could lead to a different kind of legal remedy.

In essence, you should consider a DUI appeal if you strongly believe that your conviction is flawed due to a legal mistake or unfair process. Appeals are not automatic “second tries” – you need a specific issue to pursue. An experienced DUI lawyer can help identify those issues and advise if they are strong enough to potentially win on appeal.

Realistic expectations: It’s important to understand that DUI appeals are challenging. Many convictions are upheld on appeal. In fact, the success rate for criminal appeals is quite low – typically well under 10%. This doesn’t mean you shouldn’t appeal, but it does mean you and your lawyer should weigh the pros and cons. If the consequences of your DUI (like jail time, a felony on your record, long license suspension, etc.) are severe, an appeal might be worth pursuing despite the odds. On the other hand, if the case against you was very strong and no obvious errors occurred, your attorney might counsel you that an appeal could be a long shot or suggest alternative approaches (for example, negotiating with prosecutors or focusing on minimizing penalties).

Cost and other considerations: Appeals can take time and resources. Beyond attorney fees, there are court costs for transcripts and filing fees. However, the cost of not appealing can be higher if you’re facing long-term penalties. It’s a personal decision, but one best made with full information. Our job is to give you an honest assessment of your case’s appeal prospects. If we believe an appeal can make a difference, we’ll tell you and aggressively pursue it. If not, we’ll explain why and what other options you might have.