Simko Law Group HomepageSimko Law Group

DUI, Traffic And Criminal Defense Law Firm


DUI Appeals in Palm Beach County FL

A DUI conviction in Florida can cost you in more ways than one. You aren’t just looking at fines and fees, but also potential jail time, a criminal record, and suspension of your driver’s license. At Simko Law Group, we help clients minimize these impacts by pursuing DUI appeals in Palm Beach County FL.

Successfully appealing a Florida DUI conviction requires a deep understanding of both Florida law and the DUI trial process. Working with a reliable, focused DUI appeals lawyer like our attorney Andrew Simko will give you the best chance of winning your appeal.

What is a DUI Appeal in Palm Beach County, FL?

A DUI appeal in Palm Beach County, FL is the process of challenging your DUI conviction to a higher court in the state of Florida. But when you appeal a DUI, you aren’t asking for evidence and testimony to be re-examined.

Instead, the appeal involves the court closely examining your case and the trial for any legal errors, breaches of protocol, and other mistakes that may have directly impacted the outcome of your case.

Possible Outcomes of DUI Appeals in Palm Beach County FL

Generally, the possible outcomes of DUI appeals in Palm Beach County FL can be broken down into three categories:

  • Conviction affirmed – The appellate court found no reversible legal errors, and your sentence won’t be modified
  • Conviction reversal – Due to substantial legal errors, your conviction is overturned or you’re granted a new trial
  • Sentence modification – If your appeal specifically challenges the sentence, the appellate court may issue a modified sentence

The most important thing to remember here is that in Florida, the DUI appeals process is both nuanced and extremely complex. It’s true that the option to appeal exists because mistakes happen, but winning your appeal isn’t as simple as claiming the arresting officer was prejudiced against you.

Working with a focused, dependable DUI appeals defense lawyer like Andrew Simko of Simko Law Group gives you the best chance for a successful appeal.

Grounds for Appealing a DUI Conviction in Palm Beach County

Acceptable grounds for appealing your Palm Beach County DUI conviction include:

  • Lack of legal basis for traffic stop – If the police didn’t have a legally recognized reason for pulling you over, they’ve breached protocol
  • Your rights were violated – If you didn’t get your Miranda warnings, any statements you made become inadmissible evidence
  • Breathalyzer improperly administered – If the test was administered incorrectly or the equipment was malfunctioning, your results may not have been accurate
  • Too much reliance on testimony – When no field sobriety tests or breathalyzer test is administered, there needs to be more evidence than just the officer’s testimony
  • Ineffective counsel – If your original attorney failed to file motions or raise objections to protect your rights, your appeal may be granted

As an experienced DUI appeals lawyer, Andrew Simko of Simko Law Group will closely review the details of your case, identify which grounds for appeal are valid options, and help you pursue getting your driver’s license reinstated.

Hiring a Dependable, Focused DUI Appeals Lawyer Can Make All the Difference

Pursuing DUI appeals in Palm Beach County FL without hiring a DUI appeals lawyer will most likely be challenging at best, and a nightmare at worst. Trying to become knowledgeable enough to tackle the process on your own isn’t advisable either, since you typically only have a 30-day window to initiate the appeal.

This also means the sooner you contact Simko Law Group about representing you for your DUI appeal, the more time we’ll have to dive deep into your case and find strong supporting reasons.

A DUI conviction can cast a long shadow over your life for years to come. Call Simko Law Group today at (561) 951-1264 so we can start fighting for your freedom.

FAQS About DUI Appeals in Palm Beach County FL

Can I appeal a DUI conviction if I pleaded guilty or no contest in Palm Beach County, FL?

In most cases, no, you can’t appeal a DUI conviction if you pleaded guilty or no contest in Palm Beach County, FL. There are only a few specific instances where you’d have this option.

First, if you’re challenging the legality of your sentence, or whether your plea was truly given freely and voluntarily, you may have limited grounds to pursue an appeal.

Second, if you pleaded no contest but specifically reserved the right to appeal a particular issue, you may be able to move forward. In this scenario, you’d also have to agree the case will end regardless of the outcome of the appeal. Basically, appealing the conviction is a one-way door here—no second chances if it doesn’t go your way.

What is the first step in appealing a DUI conviction in Palm Beach County?

The first step in appealing a DUI conviction in Palm Beach County is to file a Notice of Appeal, typically within 30 days of the final judgment in your trial. Along with the form, you’ll also need to pay fees and provide specific paperwork related to the trial.

But this step involves more than rounding up paperwork. It’s also your responsibility to make sure absolutely everything relevant to your appeal is included.

If you miss a key detail, the appellate court won’t ask you to provide it—they’ll simply make their ruling based on the information they have. This is why it’s critical to work with a DUI appeals attorney who has a successful track record with clients.

If my appeal is denied, what are my options in Palm Beach County, FL?

If your appeal is denied, your options in Palm Beach County, FL include:

  • Motion for rehearing – You believe the court overlooked something important, and you want the case to be heard again
  • Motion for rehearing en banc – Instead of your case being heard by a few appellate judges, you now want all active appellate court judges to review your case
  • Motion for certification of an important issue – You’re requesting further review by proving the court’s decision conflicts with past decisions, and the issue is important to the general public
  • Motion requesting a written opinion – If the court only issues a Per Curiam Affirmed, you can request a detailed written opinion
  • Motion for post-conviction relief – You’re saying your legal counsel during the trial was ineffective or newly discovered evidence drastically impacts the case

Which action will be ideal for your case depends on the specific details of your situation. Each of these motions has its pros and cons, which you’ll need to be aware of before moving forward.

Winning DUI appeals in Palm Beach County FL requires great attention to detail, deep knowledge of the Florida legal system, and extreme familiarity with the DUI appeal process. Contact Palm Beach County DUI Attorney at the Simko Law Group now at (561) 951-1264 to schedule your free consultation. The sooner you call, the sooner we can start fighting for your freedom.