Navigating the Appeals Process in a DUI/DWI Case

A conviction for driving under the influence (DUI) or driving while intoxicated (DWI) can have severe consequences, including driver’s license suspension, fines, and even jail time. It may be possible, however, to have another court review your case and possibly reduce or even throw out your conviction. 

Each city and county may have its own procedures for handling appeals. Also, not every DUI/DWI case is necessarily eligible for an appeal. An experienced DUI/DWI attorney with knowledge of Kansas and Missouri’s laws and court procedures can help you understand your rights and options in your case. They can advise you about the process for appealing traffic violation convictions in your jurisdiction.

What Is an Appeal in a DUI/DWI Case?

An appeal is a challenge to a court decision. The appeal goes to a higher court. The court systems in Kansas and Missouri have several levels:

• Municipal courts: Courts at the city level are typically the first to hear DUI/DWI cases.
• County courts: District courts in Kansas and circuit courts in Missouri may hear some DUI/DWI cases. They may also conduct new trials in appeals from municipal court cases.
• Courts of appeal: The next level of the court system hears appeals from county-level courts.
• State Supreme Court: This is the state’s highest court. Very few appeals make it this far.

In an appeal, you may ask the higher court to rule that the lower court made errors in your case. These errors may result in a reduced sentence, or the appellate court may decide to throw your conviction out altogether. Examples of errors that may occur during a DUI/DWI case include:

• Evidence obtained in violation of your Fourth Amendment rights, such as when a police officer stops your vehicle without reasonable suspicion that you have committed an offense;
• Evidence admitted in violation of the state’s rule of evidence;
• Insufficient evidence that you are guilty of DUI/DWI;
• Errors or misconduct by a prosecutor;
• Misconduct by a juror;
• Errors in the trial court’s instructions to the jury; or
• Errors by the trial court in imposing a sentence on you.

Appeals may also be possible in cases that involve administrative decisions, such as driver’s license suspensions. The appeal might go to a higher level of that agency, such as a panel or board, or it might go to a court of law.

When and Where May I File an Appeal in a DUI/DWI Case?

Where you file an appeal in a DUI/DWI case may depend on which court heard the original case. Some DUI/DWI cases are heard in municipal courts, while others are heard in courts at the county level.

Almost anyone can file an appeal after a county-level court decision that goes against them. To have a chance of succeeding, however, they must point to specific errors that occurred in the lower court. You typically may not appeal a conviction that occurs after you plead guilty, but you may be able to appeal after pleading no contest.

Appeals of DUI/DWI cases at the municipal court level typically result in a trial de novo at the county court level. This involves a new trial in a different court with a different judge. The court may hear the case as if the earlier trial never occurred.

There is a time limit to file an appeal. It can be as soon as ten days after the date of the ruling you wish to appeal. You must indicate your wish to appeal as soon as possible so your attorney can prepare.

Appeals in Kansas DUI Cases

Municipal courts are typically the first to hear DUI cases in Kansas, depending on where the case originates. Many cities in the greater Kansas City area, such as Overland Park, prosecute alleged DUI in municipal courts. District courts at the county level may also hear DUI cases. It depends on who arrested you and where the alleged DUI occurred.

If a municipal court convicts you of DUI, you may appeal to the district court in the county where your case occurred. An appeal of a conviction in the Overland Park Municipal Court, for example, would go to the Johnson County District Court. The district court will conduct a trial de novo.

A district court may hear your case if the officer who arrests you is with a county sheriff’s department or the Kansas Highway Patrol. You may appeal a district court verdict or decision to the Kansas Court of Appeals. Similarly, appeals from de novo trials in a district court go to the Court of Appeals.

Every driver has the right to appeal an administrative driver’s license suspension. You must file a petition for review in district court within fourteen days of the suspension. You may raise any issues that you brought up during your administrative hearing.

Appeals in Missouri DWI Cases

Appeals in Missouri DWI cases work in much the same way as they do in Kansas. You may appeal verdicts or decisions from a municipal court to the circuit court in the county where the municipal court sits. That court will conduct a de novo trial. Appeals from circuit courts go to the Court of Appeals.

To appeal a driver’s license suspension, you must file a petition for review within fifteen days. Your appeal will go to an administrative law judge (ALJ) with the Missouri Department of Revenue. If the ALJ rules against you, you can appeal to the circuit court in your county within fifteen days of the ALJ’s decision.

Talk to an Experienced DUI/DWI Lawyer to Learn More

A conviction for DUI/DWI in Kansas or Missouri can carry serious penalties. The consequences could follow you for much of your life. A knowledgeable and skilled DUI/DWI attorney can protect your rights and guide you through the legal system. Sloan Law Office offers compassionate legal representation to people in the Kansas City area facing DUI/DWI charges. We will work with you to find the best possible defense in your case. 

Contact us today to schedule a confidential and free consultation to discuss your case with a with a member of our team.