Appealing a DUI Conviction in Phoenix

Despite the commonplace use of alcohol in the United States and the growing use of other drugs—such as marijuana and tobacco through vaping and e-cigarettes—driving under the influence (DUI) remains illegal. Whether driven by emotion, addiction, or overconfidence in your own driving abilities, a DUI charge can seriously affect your livelihood and future.

If you have lost at trial and are considering appealing a DUI conviction in Phoenix, you will need a lawyer familiar with Arizona’s appeals structure. Our criminal appeals attorneys at Grand Canyon Law Group can take the knowledge they have gained from their time as prosecutors and push to have your case appealed. However, it is important to ACT NOW.

What You Should Know About DUI Convictions

Trying to operate a vehicle while intoxicated is illegal and dangerous. Arizona Revised Statutes § 28-1381 describes driving a car while under the influence of drugs or alcohol or both, as defined by impairment “to the slightest degree” or by a blood alcohol content (BAC) of 0.08 or higher. For commercial vehicles, a BAC of 0.04 or higher will also result in a DUI charge.

Penalties coming from a DUI conviction can include hundreds or thousands of dollars in fines and short jail stints, or a drug education or treatment program in place of jail time. For more severe DUIs, such as very high BACs over 0.15 and 0.20, fines and prison sentences increase under A. R. S. § 28-1382. Also, if a DUI occurs in certain aggravated scenarios—including with a passenger under 15 years old, while driving on the wrong side of a highway, or with a revoked driver’s license—the DUI becomes a felony.

To prevent a conviction from happening in the first place, you need a skilled DUI attorney from Grand Canyon Law Group to assist. But if you have already been convicted, you can act quickly to hire us for your appeals process.

Appeals Process for DUIs

If you had a DUI conviction in Phoenix, then you have the right to an appeal under A. R. S. § 13-4031. Both the prosecuting attorney representing the state and the defendant can appeal at various points of prosecution, including during trial. However, you as a defendant can only appeal from certain outcomes:

  • Conviction by judge or jury
  • An order denying a new trial
  • Post-judgment orders affecting your substantial rights
  • Illegal or excessive sentencing

For prosecutions not resulting in the death penalty—also known as noncapital cases—a defendant cannot appeal from a plea agreement or admission of a probation violation. Also, you must appear for sentencing within 90 days of conviction to appeal a final judgment or denial of a new trial, unless you can show that your absence was involuntary. It is important to consult with a lawyer quickly.

On appeal, the Arizona Supreme Court handles any changes to the outcome that you appeal. The Court can reverse a conviction or order a new trial and it can modify any post-judgment orders and later proceedings. If your appeal claims an illegal or excessive sentence, then the Court has authority under to correct the illegal sentence and to reduce or replace an excessive sentence with a more appropriate one.

With an experienced lawyer by your side, you might be able to appeal a DUI conviction in Phoenix. After contacting us, the Grand Canyon Law Group can review your case to see if you can appeal from a conviction, a post-judgment order, or from sentencing in line with the state’s requirements.

Speak to a Phoenix Attorney About Appealing Your DUI Conviction

After a DUI conviction, you might not know what to do next, but you should not give up hope! Appealing a DUI conviction in Phoenix remains an option to overturn your conviction, and prevent prior convictions from stacking up and costing you more freedom and money. But time is limited.

Grand Canyon Law Group will bring a wealth of experience to your case as former prosecutors now working in criminal defense. If you are thinking about an appeal, call our office as soon as possible after a conviction to learn your options.

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