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When to file DUI appeals in Wisconsin

| Jan 28, 2021 | Blog, Criminal Defense |

A DUI in Wisconsin gets taken seriously by the courts although the penalties vary by case. The arresting officer typically has to prove to the court the driver had a BAC of 0.08 or more while driving, which is the legal limit in most states. However, if the driver loses the case, they have the right to appeal charges in a higher court.

Automatic right to appeals

A defendant commonly has 30 to 60 days to file an appeal without having to pay fees. Lower courts commonly handle the case and review the facts, and then they deliver a guilty or not guilty verdict. An appeal asks the court to re-examine the process, especially in cases where the defendant pleaded not guilty.

It doesn’t mean a second trial, but it involves an appellate court hearing why the defendant thinks that errors were made. An appellate attorney files the appeal and reviews the court records produced by the court clerk and court reporter without new evidence. The defendant may get a new trial if the higher court finds errors and reverses the guilty verdict.

When to appeal a DUI

The defendant may file an appeal if legal errors have been made, such as inaccurate BAC readings because the officer didn’t have proper training. Sometimes, jury misconduct makes a case for an appeal, such as jurors getting information from outside sources after being instructed to not use them.

Jurors should fairly represent the defendant and not make decisions based on racial or gender biases, which makes possible grounds for an appeal with proof. Ethical breaches could be grounds for an appeal, such as a prosecutor paying for someone’s testimony against the defendant. The illegal gathering of evidence or evidence suppression may also be reasons to file an appeal.

Even a first-time misdemeanor DUI charge can have a lasting impact under the law. If a person feels that errors have been made in their case, a criminal defense attorney may be consulted.