Appealing Your Conviction Under Ohio OVI Law

Sometimes a court gets it wrong, and an individual facing a DUI conviction didn’t actually commit an offense, or there is no evidence to support it. Appealing your conviction under Ohio OVI law may be an option for you. Even judges are human. The Ohio criminal justice system is designed so that when a court at the trial level makes an error, there are additional layers in where a defendant might find justice. One of those layers is the appeals court.

An appeal allows for you to ask another set of judges to review what happened in your case, and asks them to correct errors made by the trial court. If the appeals court finds that mistakes were made in your case, they can:

• Overturn your conviction
• Send the case back to the trial court for reconsideration

They also can affirm the conviction or the decisions made by the trial court if they think that there were no mistakes or that any mistakes didn’t affect the outcome. Some common errors made in OVI / DUI cases that might result in an appeal include:

• The judge erred in allowing breath or blood test results to be admitted as evidence in court
• The judge erred in allowing the results of field sobriety tests to be admitted as evidence in court
• The judge erred in finding there was reasonable suspicion for your traffic stop
• The judge erred in finding there was probable cause for your arrest

These are all legal questions, and it’s important to understand that an appeal can only be based on the idea that legal errors were made in your case, and an appeals court does not consider new evidence. An appeal is not a new trial, although it can lead to one.

Why Should I Appeal a DUI Conviction Under Ohio OVI Law?

An appeal gives you the opportunity to challenge mistakes that led to your conviction—and possibly reduce the charges, receive a lighter sentence, or even have your case dismissed entirely. If you believe the judge got it wrong, or that your rights were violated, an appeal may be your best chance at justice.

When a court makes an error in your Ohio OVI / DUI case, that error can result in a conviction that shouldn’t have happened if the trial process hadn’t been flawed. A conviction can mean:

• Spending time in jail or prison
• Paying expensive fines
• Loss of your driver’s license
• Loss of your job
• Points on your driver’s license
• Immobilization of your vehicle
• A permanent criminal record
• Paying more for car insurance
• Greater chance of being found negligent in a civil lawsuit

A lot can ride on whether or not your conviction stands. If it does, some of the effects on your life can be long lasting. But if you are successful in an appeal, that can wipe out some of the negative impacts on your life from your Ohio OVI / DUI.

How the OVI Appeal Process Works in Ohio

The first thing your OVI / DUI appeal lawyer will do is file a notice of appeal to start the process in the appellate court and get the trial transcript sent to the appellate court.

Under Ohio law, you have just 30 days from the date of your conviction to file a notice of appeal. That’s why acting quickly is essential. The sooner your attorney can access the trial transcript and identify possible errors, the better your chance of success.

It’s important to know that appeals do not involve new evidence. Instead, the court reviews what happened during the original trial to determine whether legal mistakes were made—such as improperly admitted breath test results, invalid traffic stops, or a failure to honor your rights during arrest.

Your lawyer will review your case and identify any potential errors that could be grounds for your appeal. Your lawyer will write a brief explaining those errors and detailing the law that supports your arguments in favor of overturning your conviction or sending your case back for a new trial. Your attorney will file the brief, and then the prosecution gets a chance to file its own brief to explain why the state thinks your conviction should be upheld. Depending on the nature of the case, there may be additional written arguments exchanged.

The appellate judges may make a decision based on the documents and written arguments, or they may set your case for a hearing. If there’s a hearing, the lawyers for both sides get a chance to state their arguments and to answer questions from the judges about the case.

After the hearing, the appellate judges will issue a written decision in your case. This can take some time, depending on the complexity of the issues in the case.

Frequently Asked Question About DUI Appeals in Ohio

Can I appeal a DUI if I already pled guilty?

Possibly. In some cases, if you were not properly informed of your rights or if there was an error during the plea process, your conviction may still be appealable. Speak with a DUI appeals lawyer to review your case and identify any legal grounds.

What’s the difference between an appeal and a new trial?

An appeal is not a new trial. You won’t present new evidence or call witnesses. Instead, an appeal asks a higher court to review the record of your original trial to determine whether any legal errors occurred that affected the outcome. If the appellate court finds a significant error, it may reverse the conviction, reduce the sentence, or send the case back to the trial court for a new trial. But the appeals court itself does not retry the case.

Can I introduce new evidence during a DUI appeal?

No. Appeals are limited to the evidence, testimony, and legal arguments presented in the original trial. You cannot introduce new evidence or re-litigate the facts of the case. However, if new evidence has come to light—such as evidence that was improperly withheld or newly discovered—your attorney may be able to file a separate motion for post-conviction relief.

What are some common legal errors that could justify an appeal?

Common errors in DUI/OVI cases that may be grounds for appeal include:

• Improperly admitted breath, blood, or urine test results
• Unlawful traffic stops or lack of probable cause for arrest
• Violation of Miranda rights or right to counsel
• Ineffective assistance of defense counsel
• Errors in jury instructions or verdict forms
• Judicial misconduct or bias during trial

How long does a DUI appeal take in Ohio?

The DUI appeal process can take several months to a year or more, depending on the complexity of the case, the court’s schedule, and whether oral arguments are held. Your attorney can give you a more accurate timeline based on the specifics of your situation, but it’s important to be prepared for a potentially lengthy process.

Can I drive while my DUI appeal is pending?

In some cases, yes. If your license was suspended due to the conviction, you may be eligible for limited driving privileges (e.g., for work, school, or medical appointments) while your appeal is pending. Your attorney can file the necessary motions to request driving privileges, but approval is not guaranteed and depends on your case history and the court’s discretion.

Do I need the same lawyer who handled my original case?

No. While your original trial lawyer may be able to handle the appeal, you are not required to use the same attorney. Many people choose to work with an attorney who has specific experience in criminal appeals and post-conviction relief, especially if they feel their original representation may have contributed to the outcome. At LHA, our attorneys are experienced in both trial-level DUI defense and appellate advocacy.

What are my chances of winning a DUI appeal?

Every case is different. Success on appeal depends on the specific legal errors identified, the quality of the trial record, and the strength of your attorney’s written and oral arguments. While appeals can be challenging, they are often successful when significant mistakes were made at trial. A skilled appellate lawyer can assess your case and give you an honest evaluation of your chances.

What if my DUI appeal is denied?

If your appeal is denied by the intermediate appellate court, you may still have options. You can request that the Ohio Supreme Court hear your case, although they are not required to do so. Alternatively, your attorney may explore other post-conviction relief strategies, such as motions to withdraw a guilty plea or claims of ineffective assistance of counsel. An experienced DUI lawyer can advise you on the next steps.

Why You Need a Cincinnati DUI Appeals Lawyer

Because an appeal is based entirely on questions of law, it’s not something you want to do alone. The help of a good Cincinnati OVI / DUI defense lawyer can make a world of difference in the success or failure of your appeal. Often, the lawyer who handled your initial OVI / DUI case can help with an appeal, but if you didn’t have a lawyer or you want a different lawyer, you should consider one with experience handling appeals in OVI / DUI cases in the Ohio court where your appeal will need to be filed. Thorough knowledge not only of the law, but also of the judges and the kinds of arguments that might win them over could turn the tide in your favor.

It’s critical to understand that there’s a time limit for filing an appeal after your conviction. If you want to consider an appeal, or talk to an Ohio OVI / DUI defense lawyer about how an appeal might benefit you or your chances at success, you should pick up the phone as soon as possible to make sure your deadline doesn’t expire and you don’t lose your chance at continuing to fight your conviction.

Facing an Ohio DUI? Contact Our Cincinnati DUI Appeals Lawyer

If you have been pulled over for an OVI, whether it’s your first time or a subsequent time, you’re likely stressed, angry, and worried about your future. The best thing to do is to call the experienced Cincinnati DUI lawyers with Luftman, Heck & Associates. In Cincinnati, attorney Brad Groene can walk you through your legal options and begin building a defense to reduce the penalties you face. Get the justice you deserve. Don’t hesitate to contact us today at (513) 338-1890 or email us at advice@cincinnaticriminalattorney.com. We are available 24/7.