Wisconsin OWI Appeals

If you have been convicted of drunk-driving (OWI) in the State of Wisconsin, you have an automatic right to an appeal, just as you do with any other crime. Since the right to appeal is automatic, there is no need to file a request for permission to appeal your conviction. You can proceed with the appeal as soon as you are sentenced. However, time is of the essence with a criminal appeal! Once your sentence is imposed for any criminal OWI, you only have 20 days to file a Notice of Intent to Pursue Post-Conviction Relief (“NOI”). If you miss this deadline, you may forfeit your right to appeal your conviction. Appeals from civil first offense OWI cases are on a difference schedule. It is imperative you hire an appellate attorney immediately after conviction for a first offense case, as it is very difficult to reopen such a conviction once appellate times have expired.

What happens after I appeal my conviction?

If you’ve been convicted of drunk driving (OWI), you can appeal your conviction to the Court of Appeals of Wisconsin. However, this is only possible if your conviction stems from a trial or a denial of a suppression motion. In the event that your conviction is the result of a guilty plea, you can still request a review of your proceedings, but the procedure is different from filing an appeal.
An appeal is essentially a review of the legal proceedings that resulted in your criminal conviction. It is not a retrial of your case. In fact, the facts and evidence typically remain undisturbed on appeal unless they were improperly admitted. The purpose of an appeal is to ensure that the proceedings were fair and that your conviction was not the result of a fundamental legal error. In OWI cases, there are typically various grounds for appeal because errors can occur both during the arrest and at trial. For example, your arrest may have been illegal due to an improper stop, or impermissible testimony may have been allowed into evidence during your trial.

What happens if my appeal is successful? What happens if my appeal is unsuccessful?

If your appeal is successful, the appellate court will most likely grant you a new trial. In rare instances an appellate court will order a full reversal of a conviction, which is the equivalent of a not-guilty verdict. If your appeal is unsuccessful, you can petition for review to the Wisconsin Supreme Court.

Your chances for a successful appeal are greatly improved when you have a skilled and aggressive advocate on your side. Call attorney Tracey Wood or submit the facts of your case online today to discuss your appellate options.