Can I appeal a DUI conviction in Virginia?
In theory, yes, you have the right to appeal. This right is included and explained in Virginia Code 18.2-268.4. However, just because you can appeal your DUI conviction does not mean your case will be straightforward. Filing a successful DUI appeal involves a tremendous amount of work by a highly skilled legal team that fully understands how the legal system works in Virginia.
Deadline for appealing a Virginia DUI conviction
You don’t have a lot of time to appeal your DUI conviction in Virginia. The deadline to file an appeal from a general district court conviction is 10 calendar days from the date of your conviction. The deadline to appeal a conviction from the circuit court to the Court of Appeals is 30 days from the date of conviction. That means every day counts, including weekends and holidays. That’s why you need to talk to a lawyer right away.
How the DUI appeal process works in Virginia
In order to appeal your DUI conviction to the circuit court, you will need to file a Notice of Appeal within 10 days of your conviction in the general district court clerk’s office in the jurisdiction where you received the DUI conviction. An attorney can handle this step on your behalf. Court costs vary, but in general, submitting a Notice of Appeal costs less than $100.
There are 32 judicial districts in Virginia. Every city and county in Virginia has a General District Court. A list of all Virginia District Courts can be found online or you can simply contact our law firm.
Virginia DUI appeal courts
While you will need to file a Notice of Appeal with the Virginia General District Court near you, the actual appeals are handled by a Circuit Court of Virginia.
There are 31 Circuit Courts throughout the Commonwealth of Virginia. If you are appealing a DUI conviction in the Hampton Roads, Virginia area, your appeal may be heard in Norfolk, Virginia Beach, Newport News, Chesapeake, Hampton, Portsmouth, or another circuit court, depending on the location of the offense and conviction.
Why you should hire a DUI defense attorney for your appeal
Successfully appealing a DUI conviction in Virginia can be a challenging, complicated legal process. You don’t want to go through this process on your own. Get an experienced DUI attorney from Welch & Wright, PLLC. We have a track record of success when it comes to appealing DUI convictions in Virginia.
The clock is running. Don’t waste a second on your DUI case. Contact our law firm to learn more about your legal rights. Schedule a free case evaluation with one of our results-oriented, highly skilled Norfolk, VA DUI defense attorneys. We’re focused on winning your case.