Can you appeal a DUI charge after you plead guilty?

Posted by on . 6 comments.

I had no idea what i was doing when i went into court and i plead guilty to get it over with. My friend is now giving me all kids of shit about it saying that i should have plead not guilty and i would have got out of it. He wants me to get a public defender to write a letter of appeal to the court. Is it a waste of time? Can you even appeal after you plead guilty?


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  1. xxx000au says:
    May 13, 2010 at 5:04 pm

    To say you did not do it will require a little more than just your word. What or how do you intend proving that the evidence the cops have is wrong.

    You have little chance so even if there was an appeal path I cant see how it would work.
    Don’t over look the reality that any appeal will cost you extra in legal support.
    At times the appeal not only fails, but upon failing the appeals court can increase the penalty.

    That result would be a double kick in the balls as not only will the penalty be higher but now you will have a massive legal bill and all of that for zero gain.

    Better to not drink and drive.

  2. lilloric says:
    May 13, 2010 at 5:04 pm

    if you have not been sentenced yet what you would do is rescind your plea not appeal it.it can be done but won’t be easy

  3. Stuart says:
    May 13, 2010 at 5:04 pm

    The short answer is no.

    However, there are court rules in some states that allow you to appeal based on a faulty conviction, including a conviction based on your ill-advised plea.

    You will absolutely need an attorney to file for an appeal if your state allows it, and a public defender will not do that for you. You will need to hire an attorney.

    - Stuart

  4. Kate says:
    May 13, 2010 at 5:04 pm

    You can appeal anything you want at any time. Will the court hear it? Probably not. DUI’s are also nearly impossible to "get out" of. The evidence they collected at the scene is pretty cut and dry.

    So yeah, waste of time.

  5. dusty_titus says:
    May 13, 2010 at 5:04 pm

    What kind of friend is this? — no – once you plead "no contest" or "no le contendor" or "guilty" (or even guilty with an explanation) – its a done deal – and you will either pay the fine or do the time or go to traffic school or whatever the court decides is the proper punishment – - and you friend is NOT a friend to advise you that you can undo what has transpired, he/she is only trying to make himself or herself appear more knowledgeable or smarter than you. You do not need people like that in your life.

  6. Ben says:
    May 13, 2010 at 5:04 pm

    Yes, but it will not be easy because (1) you admitted to the offense, (2) you were told of the consequences, and you agreed to the terms of the sentence. Generally, you can successfully win an appeal only if there was a mistake or error of law that makes the conviction or the sentence unfair or unlawful. Your friend is not an attorney and a public defender is not going to be any help. If you are going to do it and your case has merit, hire a good attorney! Otherwise you are wasting your time.

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