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Are appeals for DUIs automatic?

Beaverton, OR |

I would really like to appeal my DUI, but I'm not sure what I need to do, or even if I can.


Attorney Answers 4


Ask your attorney. If you entered a plea of no contest or guilty, you may not have a right to appeal. There are also surely time periods which are very short.

The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.

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No, they are not automatic, but yes, in theory you can appeal if you follow the rules.

Under Oregon law you have 30 days from the entry of judgment of conviction to file a notice of appeal with the clerk of the court, the district attorney, and the clerk of the court of appeals. You should ask your criminal defense attorney to forward your case to the office of public defense services for appellate processing. If you are unable to afford an appellate attorney one will be appointed to you. However, you have to act quickly. Communicate with your lawyer in writing immediately.

This post is offered as general information and is not intended as legal advice. This information does not in of itself create any attorney-client relationship.

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A DUII appeal is not automatic. If you knowingly and voluntarily entered a plea you may have waived your right to appeal but if you had a trial you may have an appealable issue. No matter what happened, if you want to appeal you should contact a lawyer. As someone else mentioned, there are time limitations so be sure to contact an appellate lawyer as soon as you can so you don't miss a deadline!

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In Oregon, if you enter a plea of guilty, or no contest, you can still appeal your sentence, but not the conviction iteself. Further, the only issue reviewable on appeal from a plea is whether the setence imposed was illegal, or unconstitutional.

If your conviction resulted from a conditional guilty plea, you can appeal the reserved issue, so long as it was in reserved in writing.

If the issue arose from a trial, either with our without a jury, or a stipulated facts trial, then ORS 138.040 is the appeal statute, and you can appeal anything from either the trial, or the sentence. You will, however, have to pay filing fees and possibly transcript costs, unless you are indigent.

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