Appeals

If you have been convicted of driving while intoxicated (DWI) in the New York City area, you may be wondering whether the outcome is final, or if it can be overturned after an appeal. In many DWI cases, a defendant may file an appeal following a conviction or DWI suspension. At Tilem & Associates, our Westchester County DWI attorneys can explain the legal options that may be available after a recent DWI conviction or license suspension, including a DWI appeal. We represent drivers in every stage of a DWI case, and can navigate you through the entire DWI appeals process.

In general, New York law allows defendants the right to appeal an adverse outcome in criminal cases. In DWI cases, defendants who have been convicted by a judge or jury in a criminal proceeding may file an appeal with the New York appellate court for review. The criminal appeal process is formal and requires strict compliance with New York procedural laws. The failure to meet filing deadlines or follow other legal rules may put the defendant at a significant disadvantage, or even result in a dismissal of the appeal. Due to the complexity of appellate cases, retaining a qualified attorney may be essential when pursuing a DWI appeal.

A New York appellate court considers issues that have been preserved for review on appeal. Typically, this requires that the defendant or defense attorney formally object on the record to a decision made by the trial court while the DWI case is before that court. These issues may then be presented to the appellate court as legal grounds for modification or reversal of a DWI conviction. The appellate court will review the record to determine whether or not the trial court erred in its decision. The verdict will be upheld unless the appellate court finds that there was a material error, and the error had an affect on the outcome of the defendant’s DWI case.

There may be multiple legal grounds for appeal in a DWI case. For example, a trial court may commit a reversable error by admitting evidence at trial that should not have been allowed over the defendant’s objection. In a DWI case, if the police did not have probable cause to pull over the defendant in the first place, the defense may argue that evidence of the defendant’s blood alcohol content (BAC) level should be suppressed as the result of an unlawful traffic stop. Other common reasons to appeal a DWI case include incorrect jury instructions, improper exclusion of evidence, lack of sufficient evidence to establish the defendant’s guilt beyond a reasonable doubt, sentencing errors, and some types of prosecutorial or juror misconduct.

In New York, getting pulled over by police for suspected drunk or drugged driving may result in a license suspension or revocation, even if you are not convicted. If you submit to a chemical test and your BAC level registers over the legal limit, or if you refuse to take a chemical test, you may be subject to an immediate administrative suspension of your driver license. A DWI suspension may be contested at an administrative hearing. If the hearing officer determines that the suspension is appropriate, you may appeal the determination to the New York DMV Appeals Board within sixty days. In an administrative appeal, the issues are generally more limited in scope than in a criminal proceeding. However, you may seek judicial review of an unfavorable outcome after exhausting the administrative appeals process.

At Tilem & Associates, we have the resources and legal knowledge to advocate for defendants in New York DWI appeals, accident DWI cases, and many other criminal matters. Our hardworking Westchester County lawyers represent people who have been arrested in Kings, Nassau, Suffolk, Bronx, Putnam, Rockland, Richmond, and Queens Counties. Request a free consultation to discuss your case by calling Tilem & Associates at 877-377-8666 or contacting us online.