What is the process for appealing a DWI conviction?

In California, the process for appealing a DWI conviction begins with filing a notice of appeal. This must be done within 60 days of the conviction. The notice of appeal must be accompanied by a sufficient record of the proceedings in the trial court or, if no proceedings have occurred, the order to be appealed. This record should include all documents related to the trial, including any transcripts of witness testimony and exhibits. Once a notice of appeal has been filed, the appellate court will review the documents and determine whether to grant an appeal. If an appeal is granted, the next step is to prepare a brief. This document is written by the defendant (or their attorney) and outlines the issues in the case that the defendant wishes to have the appellate court review and address. Generally, the brief should include facts pertinent to the case, as well as legal arguments. After the brief has been submitted to the appellate court, the prosecution can then submit a brief of their own in response. After both parties submit their briefs, the appellate court will consider the arguments and determine whether or not to grant a new trial. If a new trial is granted, the process begins again, with a new trial before a different judge or jury. Otherwise, the appellate court will decide to affirm or reverse the conviction. If the conviction is upheld, the defendant may then file another appeal.

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What is the process for appealing a DWI conviction?

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