I'm considering appealing my DWI Jury conviction. I've had the interlock device on my vehicle for 19 months and will be sentenced for DWI 2nd soon. My question, if I hire an appeals attorney and file an appeal do I have to keep the interlock device on my vehicle while the appeal is being considered. How long do DWI appeals take? If the appeal was denied, when is disposition date? If I'm sentenced to keep the IID on my vehicle it could possibly be on there the 18 months up to sentencing, time while appeal is considered, and time for the sentence if appeal isn't successful...this doesn't seem fair as that could be well over 5 years. Any other options?
DUI / DWI Attorney
Yes you will be required to keep the interlock on the vehicle because it is a condition of bond. The time that an appeal takes is unpredictable-I just had one level of appeal that took 2 years and my client wants to appeal further, so the delay will be longer. Yes it could be well over 5 years and it doesn't sound fair, but that would be cost of appeal.
You have 30 calendar days after sentencing to file an appeal. Thereafter, an appeal will be denied. Assuming you are still within that time and can file an appeal, an appeal bond would suspend the sentence. Otherwise, the sentence will continue to run while the appeal is pending. The time for an appeal to run it's course cannot be predicted. Go to www.tcdla.com and click on the tab for 'Lawyer Locator' and look for an appeal lawyer for your location. Good Luck!
What county and court is your DWI 2nd out of? While I agree with my colleagues, I am also aware that certain Judges and prosecutors are more willing to work with you to give you credit for hardships incurred as a result of the length of time it takes to process a case. Also, while you did not address the issue, you need to think about whether you have an issue that is likely to be successful on appeal or if you are just not ready to stop fighting the DWI charge yet. I'm of the opinion, after having clerked in an appellate court, that only 10% of cases on appeal are actually successful. That is a pretty low percentage. So, consult an attorney to find out if the issues you seek to appeal are legitimate and worth the investment before proceeding. Please don't take this to mean you shouldn't appeal, I only mean to suggest you want to know what you're getting into before you step off that ledge.
As my colleague pointed out, there is a 30 day deadline so time is of the essence.
This answer is for informational and educational use only. This answer does not create attorney-client relationship. For more details, I recommend a private consultation with a criminal defense attorney.