How Can I Get My Texas DWI Conviction Overturned?

 Posted on January 17, 2025 in DWI

As with any type of criminal charge, it can be extremely overwhelming to face a DWI conviction, but you may have options. In fact, depending on the specific details of your case, you might be able to get your conviction overturned. While this can be difficult to achieve, it is possible given the right circumstances and legal representation. If you believe you were unfairly convicted and want to explore ways to have your conviction overturned, speak with a proven Dallas, TX DWI defense lawyer to learn more.

How Do You Appeal a DWI Conviction in Texas?

When someone is convinced they were wrongly convicted, they have the legal right to request an appeal, which would mean that a higher court will review the conviction and see if there is any reason to overturn it. An appeal does not mean your case will be retried. The court will not accept any new evidence or testimony but will review the transcripts of your case and the attorneys’ briefs to see whether any misconduct or misapplication of the law led to a wrongful conviction.

While you have the right to appeal a conviction regardless of the reason for your request, appeals are commonly requested in the following situations:

• Your car was stopped illegally.

• Your field sobriety test was not properly administered.

• There was police misconduct.

• You were subjected to an illegal search and seizure.

• Evidence was mishandled.

• Evidence that could prove your innocence was intentionally suppressed.

• Procedural errors impacted your case.

When Can You Appeal a Conviction?

There is a strict time limit for when you can request an appeal for your conviction in Texas. You typically need to submit your request within 30 days of the verdict. Once 30 days pass, you generally lose your right to challenge the outcome of your case. However, when the initial verdict is handed down, your attorney can file a motion for a new trial, which would then give you 90 days from the guilty verdict to request an appeal.

Appeals can be submitted to the court at the trial, right after the verdict is announced. Otherwise, it needs to be submitted to the clerk of that same court, who will forward the request to the necessary appellate division.

What Can I Do if the Court Denies My DWI Appeal?

If your appeal is denied, that does not necessarily mean that all hope is lost. If you are confident you were wrongfully convicted, you can submit another appeal, this time to the Texas Court of Criminal Appeals. If that appeal is denied, but the State violated your constitutional rights or federal law was applied incorrectly in your case, you can file a federal petition for a writ of habeas corpus to contest your conviction. The process of appealing a DWI conviction can be challenging and overwhelming, and having a qualified and capable lawyer by your side can make all the difference.

Contact a Tarrant County, TX DWI Defense Lawyer

If you were wrongly convicted of a DWI, you should not simply accept it. The dedicated Dallas, TX criminal defense attorney at the Law Office of Michelle Poblenz is passionate about protecting your rights and getting you the best outcome possible. Call 469-845-3031 to schedule a private consultation.