Can I Appeal a DWI in Texas?
You have the option to appeal a DWI in Texas per Texas Code of Criminal Procedure § 44.02. This code establishes the defendant’s right in any criminal case to appeal the court’s decision. Typically, the basis for your appeal must state that the court misapplied the law or allowed inappropriate behavior that led to a wrongful conviction.
For example, some common errors utilized in DWI appeals include the following:
• Court rulings that were made in error
• Testimonies that should have been excluded
• Improper conduct on the part of the prosecutor
When you work with an experienced Houston DWI defense lawyer, they will help you identify and demonstrate errors made in your case. In doing so, the court may grant your request for a new DWI trial.
How to Appeal a DWI in Texas
To appeal a drunk driving conviction in Texas, you have to file a motion for appeal with the court’s Clerk where your initial trial occurred. Similarly, you can file a Motion for New Trial, which is the next step in the process if the court grants your request to appeal a DWI.
Generally, the clerk forwards the motion and relevant documentation to the appeals court. Then, the court obtains the necessary information they require to consider the motion. Oftentimes, this includes a subsequent appellate brief that explains the justification for the appeal. Upon consideration, the court files its own brief and rules on your appeal.
When you work with a Houston DWI lawyer, their law firm handles this process on your behalf. Typically, the legal process is difficult to navigate, leaving people open to missteps that have their appeals thrown out. When you face a charge of driving while intoxicated, you need a defense attorney fully familiar with the process.
At The Martinez Law Firm, we have decades of experience helping people appeal DWI rulings. Contact us today for a free consultation on our legal representation and let us help you appeal to a DWI in Texas.
How Much Time Do I Have to Appeal a DWI in Texas?
To be frank, you don’t have much time when you want to appeal a DWI decision. When you miss the deadline, you lose your right to appeal. Keep this in mind.
You have 30 days to file a petition and appeal to a DWI in Texas.
Time is not on your side, and you need to act quickly. With a DWI on your record, your options are severely limited. When you have a chance to fight, it’s important to work with a Houston DWI lawyer to appeal your case.
However, missing the deadline does not mean you are out of options. When you miss the deadline, a Houston DWI defense attorney with the right experience will know how to help you find other potential options.
What If I Lose My Appeal?
In Texas, if you lose your DWI appeal, you might have another option. Depending on your initial trial location, your appeal proceeding takes place in a Texas Court of Appeal. When you want to appeal their decision, you have the option to file a motion with the Texas Court of Criminal Appeals.
Generally, people only pursue this level when they face potential felony charges, which come with severe penalties. Your DWI defense lawyer is there to act as your advocate and provide legal advice so that you can determine the best path for your defense.
What Happens If I Win the Appeal?
When you appeal a DWI and win, the court schedules a new trial for your original charges. While you are not in the clear just yet, your Houston DWI defense lawyer should have a better understanding of the evidence and what went wrong in the first case.
While this does not guarantee a victory, you often stand a better chance to gain a favorable result. Moreover, your attorney has the opportunity to negotiate before the trial. In doing so, they may be able to reduce the charges or even have them dismissed entirely.
When to Hire a Houston DWI Lawyer to Appeal a DWI
There is no requirement to have legal representation in Texas when you appeal a DWI or even go to trial. However, it is important to consider the experience of a Houston DWI defense lawyer. The appeals process for drunk driving cases is quite complicated.
Moreover, many criminal defense attorneys lack full knowledge of the process and proceedings, so handling it yourself can lead to many missteps. When you miss a deadline or commit an error while filing motions, it puts your appeal in jeopardy.
An experienced Houston DWI lawyer knows how to evaluate the evidence and facts within your case. In turn, they determine how viable your appeal is and how best to approach it.
Want to Appeal a DWI in Texas? Call Us for a Free Consultation
Our Houston criminal defense attorneys at The Martinez Law Firm offer comprehensive legal representation to people who face charges related to DWIs and drunk driving. With decades of experience in the courtroom, our Houston DWI lawyers understand how Texas’s criminal justice system works.
With our legal team, we utilize this knowledge and experience to advocate for your best interests. Let us fight for your future and help you attain the best possible outcome in your DWI case.
If you have questions about how to appeal to a DWI in Texas, contact our law firm for a free consultation. We can discuss and evaluate your case and provide legal advice on how to proceed.