Appealing a DUI Conviction in South Carolina

Criminal Defense Attorney Helping Defendants in Lexington & Columbia

If you have been recently convicted of a DUI, you have a right to file an appeal. Success in the appeal will result in the removal of the DUI conviction from your record along with a possible dismissal of the charge or the granting of a new trial. At the Law Office of James R. Snell, Jr., LLC, we represent clients in appealing convictions for all levels of a DUI, from the initial arrest to a conviction.

You Have the Right to File an Appeal

It is important to act quickly when handling a DUI conviction. Most South Carolina DUI appeals must be filed within ten days of the date of the conviction. You can appeal a conviction for first-time DUI that originated in the magistrate or municipal (city) court. These appeals will be heard by the county circuit court. You can also appeal a conviction for second, third, or felony DUI offense. These appeals will be heard by the South Carolina Court of Appeals.

Appeals After a Guilty Plea

  • Sometimes people want to appeal after pleading guilty. They may not have known their legal rights, or may have been unsure how to conduct themselves in court. Although there are only very limited grounds to appeal a DUI conviction obtained as a result of a guilty plea in some circumstances it may be possible. Typical grounds may include the court's failure to properly qualify the taking of the guilty plea or a lack of legal competence (due to age, mental health, or special needs) of the defendant.

Appeals After a Trial

  • Most DUI appeals come as the result of a conviction after either a bench (judge only) or jury trial. The grounds for the appeal can include any error of law made by the court including admitting or considering improper evidence or a misapplication of the law.

Dedicated Legal Assistance Throughout the Process

If you have been recently convicted of DUI, you are invited to contact our office for an initial consultation. Our Lexington criminal defense lawyers are able to represent clients who were convicted after representing themselves in court. We can also help individuals who initially used the services of another attorney. It is our objective to use our membership with the South Carolina Association of Criminal Defense Lawyers to our clients' advantage. We have the experience and skill to help our clients navigate the process. Call our office today!

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