If you were convicted of DWI at trial, it may not be the end of the road. When legal errors affected your case, you may have the right to appeal to a higher court, but the deadlines are short and unforgiving, so a conviction should be reviewed for appellate issues right away. A Houston DWI lawyer can tell you quickly whether you have grounds.
The Deadlines That Matter
- Motion for new trial: generally must be filed within 30 days of sentencing. It asks the trial court itself to correct an error.
- Notice of appeal: generally due within 30 days of sentencing, or 90 days if you timely file a motion for new trial. Miss these windows and you can lose the right to appeal entirely.
What an Appeal Is (and Isn’t)
An appeal is not a new trial and not a chance to re-argue the facts to a new jury. Instead, an appellate court reviews the trial record for legal errors that may have affected the outcome. Common DWI appellate issues include:
- A wrongly denied motion to suppress, for example, an illegal stop or an improper blood draw that should have kept evidence out.
- Improperly admitted evidence, such as a flawed breath or blood test or unreliable field-sobriety testimony.
- Errors in the jury charge (the instructions given to the jury).
- Other legal mistakes that deprived you of a fair trial.
What Can Happen
If the appellate court finds a significant error, it can reverse the conviction, which may lead to a new trial or, in some cases, an acquittal or dismissal. Appellate work is a specialized skill built on a careful reading of the record and the law, and the deadlines don’t wait.
Think Something Went Wrong at Trial? Contact Blass Law
If you were convicted of DWI and believe a legal error affected your case, don’t wait, appellate deadlines are short. Contact Blass Law for a confidential case evaluation or call (713)-664-4000.