If you are convicted of a DUI in Georgia, you can generally appeal your conviction. The appeals process involves reviewing procedures and legal issues in your case with the goal of overturning your conviction.
DUI elements
There are several elements that must be met for a DUI conviction. The driver must have a blood alcohol concentration (BAC) higher than the legal limit. Law enforcement is authorized to conduct a field sobriety test to determine whether a driver is impaired.
When you obtain a driver’s license in Georgia, you are agreeing to submit to chemical tests, like a blood and breath analysis, if you are legally stopped on suspicion of DUI.
The penalties for DUI can vary, but a first offense usually involves a fine, potential jail time of up to one year, driver’s license suspension for one year, potential community service or completing a DUI program.
A second offense may result in a higher fine, minimum jail time, a longer driver’s license suspension and a requirement that your vehicle has an ignition interlock device installed. For additional offenses, you can face a felony.
Appeals process
To appeal a DUI conviction, you will need to file a notice of appeal with the court and gather all relevant documents, such as transcripts and other evidence from the trial record. You will need to submit an appellate brief, which includes the legal arguments to challenge the DUI conviction.
The court will review the trial record and the appellate brief before making a decision. It will either uphold the DUI conviction, reverse it, or it may send the case back to the trial court for further review.