Virginia DUI Appeals Attorney

In Virginia, a person convicted of driving under the influence (DUI) may have the right to appeal the conviction. Many individuals mistakenly believe they must accept the outcome, but appealing the decision could result in reduced penalties or even a case dismissal.

If your conviction could affect your job, driving privileges, or freedom, acting quickly is essential. You have a short window to file an appeal. Although the process can feel overwhelming, a Virginia DUI defense attorney can help you build a detailed, evidence-based appeal aimed at overturning the original decision.

The legal team at Welch & Wright, PLLC, in Norfolk has experience handling DUI appeals throughout Hampton Roads. We are ready to review your DUI case and help you take the next step.

Why Choose Welch & Wright, PLLC, for Your DUI Conviction Appeal

Welch & Wright, PLLC, is a team of criminal defense attorneys dedicated to protecting your rights and providing thorough legal representation. No matter the circumstances of your case, we work to develop a well-planned appeal grounded in strategy and preparation.

Our attorneys have been recognized by respected legal organizations, including the National College for DUI Defense. We use our experience and insight to pursue the most favorable result possible for your DUI appeal.

Our DUI Attorneys Will Fight for Your Second Chance

Welch & Wright, PLLC, is committed to providing each client with focused, strategic representation. We recognize what is at stake in a DUI appeal and take a personalized approach to every case. Our experienced attorneys carefully evaluate the facts and work to build a custom strategy designed to support your second chance.

Testimonials

“Nick was great. Helped me understand my charges and what I was potentially looking at as a result. He handled everything involved up to the date through 2 reschedules. Once we got in he managed to get my charges lowered from a misdemeanor to a minor traffic infraction helping me with keeping my job. Would 100% make the same decision to go with him again if I had to go back.” — Nathan S.

“I highly recommend! Mr.Wright represented my daughter at her appeal for a reckless driving charge. He was very professional and thorough. We are extremely pleased with the outcome of her case resulting in no jail time. Mr. Wright stepped in at the very last minute, at the courthouse! Stuck without an attorney, I walked over to him and asked him if he would kindly represent my child. I thought I was meeting the attorney that I originally retained for her first court date and also for her appeal. There was miscommunication between that particular law firm that I originally retained and was stuck without representation an hour before her hearing. Thank you, Mr. Wright for your hard work and your dedication.” — Christina R.

“I highly recommend Calum!!! He has amazing people skills and is not afraid to put the extra work in and stick his neck out in court to ensure that he represents his client fairly. From the first time I spoke with Calum after exploring many other attorneys, I knew he was the right one for the job. Fair prices too!!” — Gavin M.

Can I Appeal a DUI/DWI Conviction in Virginia?

Yes, you have the legal right to appeal a DUI or DWI conviction in Virginia. Under Virginia Code §§ 16.1-132 through 16.1-136, you can appeal a conviction from General District Court to Circuit Court for a brand-new trial. If your conviction occurred in Circuit Court, Virginia Code § 17.1-406 gives you the right to appeal criminal cases to the Virginia Court of Appeals.

What to Expect When You Appeal a DUI or DWI Conviction in Virginia

When you appeal a DUI or DWI conviction in Virginia, the case doesn’t get reviewed behind closed doors, but instead starts over in a higher court. This gives you a real opportunity to present your case again, this time with better preparation and a stronger legal strategy.

If your original conviction happened in General District Court, you have the right to request a new trial in Circuit Court. Unlike your first court appearance, you can choose whether a judge or a jury hears your case. That second chance can make a meaningful difference in how your case is decided.

Valid Reasons to Appeal a DUI or DWI Conviction in Virginia

To successfully appeal a DUI or DWI conviction in Virginia to the Court of Appeals, you must show that something went wrong in the original case and it was serious enough that it may have affected the outcome. These are not simple disagreements with the verdict. The Court of Appeals focuses on specific problems with how your case was handled in the trial court. For convictions in General District Court, you have an absolute right to appeal the case for a new trial (trial de novo) in the Circuit Court.

Here are some common reasons why people choose to appeal:

Errors During Trial

• Important evidence may have been allowed or kept out unfairly, such as inaccurate breathalyzer results or incomplete police reports.
• The judge may have given unclear or incorrect instructions to the jury.
• A guilty plea may have been accepted without confirming that you fully understood your rights and options.

Other Grounds for Appealing a DUI or DWI Conviction

Constitutional violations may include:

• If police officers stopped, searched, or arrested the defendant without reasonable suspicion or probable cause, this may violate the Fourth Amendment’s protection against unlawful searches and seizures.
• If the defendant was coerced into confessing or was not properly informed of their rights, this could violate the Fifth Amendment.
• The Sixth Amendment guarantees the right to confront witnesses, so if the prosecution fails to produce the breath test operator or other key witnesses in court, the conviction may be overturned.

Insufficient or improper evidence can be proven with evidence such as:

• The evidence presented at trial was insufficient to prove the defendant was driving under the influence beyond a reasonable doubt. This could happen if the breathalyzer or field sobriety tests were conducted improperly, or if the evidence was unreliable or mishandled.
• If new evidence or witness testimony emerges after the trial that could significantly affect the outcome, the defendant may have grounds to appeal based on that new information.

Procedural issues and fairness errors may include:

• The defendant did not receive effective legal representation or was unrepresented when they should have had counsel
• Failure to follow proper arrest or trial procedures, especially if they impacted the defendant’s right to a fair trial.

Errors in sentencing may include:

• The court imposed incorrect penalties, such as excessive fines, jail time, or improper license suspensions that do not comply with Virginia law.
• If the sentence was not applied correctly or was based on an error in law, the defendant can seek to have it modified or overturned on appeal.

Why You Should Appeal Your DWI/DUI Conviction in Virginia

A DUI conviction in Virginia can have serious and long-lasting consequences. A first offense is classified as a Class 1 misdemeanor, which carries up to 12 months in jail, a fine of up to $2,500, and a license suspension for one year. Other penalties include completion of an alcohol safety program (VASAP), probation, and a required ignition interlock device if you’re granted restricted driving privileges.

For repeat offenses, the stakes increase. A third DUI is treated as a felony and may lead to extended jail time and permanent loss of your driver’s license.

But the consequences go beyond the court. A DUI conviction can affect nearly every part of your life:

Beyond legal penalties, a DUI conviction impacts life in multiple ways, including:

• Higher insurance rates that last for years.
• Trouble finding or keeping jobs, especially those involving driving or a security clearance.
• Strained relationships due to probation or jail time.
• Risks to immigration status for non-citizens.
• A DUI conviction creates a permanent criminal record. While Virginia DMV keeps the offense on your driving record for 11 years, the criminal charge itself stays on your criminal history for life unless successfully expunged, which is rare for DUI convictions.

Because of the impact, many people choose to appeal. In Virginia, appealing your conviction gives you another chance to fight the charges in Circuit Court. This is a full new trial, not just a review. That means the evidence and arguments are presented again, often with better preparation and a stronger defense strategy.

During the appeal process, penalties like jail time, fines, and license suspension are temporarily paused. You also have the right to choose a different attorney for your appeal. If you weren’t satisfied with your original defense, now is the time to work with a team that focuses on DUI appeals.

Welch & Wright, PLLC, helps clients across Hampton Roads pursue DUI appeals with careful strategy and strong representation, because what happens next matters.

Deadline for Appealing a Virginia DUI Conviction

Time is limited if you want to appeal a DUI conviction in Virginia. You have:

• 10 calendar days to appeal a conviction from the General District Court to the Circuit Court.
• If your conviction happened in Circuit Court, you have 30 days to file an appeal with the Virginia Court of Appeals. These deadlines are strict and include weekends and holidays, and missing them means losing your right to appeal.

These deadlines include weekends and holidays, so every day matters. If you miss the deadline, you lose your right to appeal. That’s why it’s critical to speak with a DUI defense attorney as soon as possible. However, if the final deadline date falls on a weekend or holiday, the deadline will be extended to the next non-holiday weekday.

Welch & Wright, PLLC, can act quickly to protect your rights and start the appeal process on time.

How the DUI Appeal Process Works in Virginia

Understanding how the DUI appeal legal process works in Virginia helps you make informed decisions about your future. Here’s a step-by-step overview:

1. File a Notice of Appeal

If your DUI conviction happened in General District Court, you have 10 calendar days to file a Notice of Appeal. This is submitted to the court clerk where the conviction occurred.

2. Circuit Court Schedules a New Trial

The case is completely retried in Circuit Court. It does not review your old case — it starts fresh. You can request either a judge or a jury to hear your new trial.

3. Penalties Are Temporarily Paused

After filing your appeal from the General District Court, the criminal penalties, such as jail time and fines, are paused while your case is retried in Circuit Court. However, any administrative license suspension from the night of your arrest and any pretrial conditions (like ignition interlock or bond terms) may still remain in effect.

4. Present New Arguments and Challenge the Evidence

This is your opportunity to re-present your side of the case with more preparation and legal strategy. Witnesses and evidence will be reconsidered in full.

5. If Needed, Appeal Again to Higher Courts

If the Circuit Court upholds your conviction, you have:

• 30 days to appeal to the Virginia Court of Appeals
• A final option is to petition the Supreme Court of Virginia, which chooses cases based on legal importance and specific legal issues that are implicated

You only get a limited number of chances to appeal. Missing deadlines or filing incorrectly can cost you that opportunity. That’s why having an attorney is so important.

At Welch & Wright, PLLC, we guide clients through every stage of the Virginia appeals process on time, with clear goals and strong legal arguments.

Should I Choose Jury Sentencing or Judge Sentencing for My DUI Appeal Trial in Virginia?

In a Virginia DUI appeal, you can choose whether a judge or a jury hears your case. If your case goes before a jury and you’ve properly requested it in writing before trial, the jury may also decide your sentence. Otherwise, sentencing will be handled by the judge. Each option carries different risks and benefits depending on your specific situation.

Judge sentencing is often preferred for DUI appeals because judges apply the law consistently and are more familiar with the factors that affect sentencing, such as a first-time offense or efforts toward rehabilitation. They are also more likely to follow sentencing guidelines and weigh your case objectively. Most importantly, a judge may suspend all or part of a jail sentence, something a jury does not have the power to do.

Jury sentencing puts your outcome in the hands of everyday citizens. While a jury might be sympathetic, it can also be unpredictable. Emotions, misunderstandings of DUI laws, or assumptions about your character may influence the final sentence, for better or worse. The jury cannot suspend a jail sentence, so whatever is given, must be served.

Because DUI penalties in Virginia can include jail time, license suspension, and mandatory programs, it’s important to weigh this decision carefully.

Welch & Wright, PLLC, helps clients evaluate the pros and cons of each option and build a strategy that supports the best possible result for their situation.

Where Your Virginia DUI Appeal Will Be Heard

Although your appeal begins with a filing in the General District Court, your new trial will take place in a Virginia Circuit Court.

There are 31 Circuit Courts across the state. If your case is in the Hampton Roads region, your DUI appeal may be heard in one of the following cities:

• Norfolk
• Virginia Beach
• Chesapeake
• Newport News
• Hampton
• Portsmouth

The specific court depends on where the original conviction occurred.

Welch & Wright, PLLC, has experience representing clients in Circuit Courts throughout Hampton Roads and understands how local courts approach DUI appeals.

Why You Should Hire a DUI Defense Attorney for Your Appeal

The appeals process is complex and time-sensitive, and working with the right legal team can make a major difference in the outcome of your case.

Here’s how a DUI appeals attorney can help:

• Spot procedural or legal errors that could lead to a reduced sentence or dismissal
• Challenge unreliable evidence, including how field sobriety or breathalyzer tests were handled
• Identify constitutional violations, such as improper searches or a failure to inform you of your rights
• Bring in expert witnesses to dispute the accuracy of test results or clarify key facts
• Negotiate with prosecutors to reduce DUI charges when a full dismissal isn’t possible
• Protect your rights by meeting deadlines and filing accurate documentation at every stage

At Welch & Wright, PLLC, we know what to look for, how to challenge faulty evidence, and when to push for a better outcome. If you’re appealing a DUI in Virginia, we’re ready to help you take the next step with confidence.

Need Help With Your Virginia DUI Appeal? Call Our DUI Appeals Lawyer for a Free Consultation.

Successfully appealing a DUI conviction in Virginia requires legal knowledge, careful timing, and a strong case strategy. You don’t have to handle it alone.

Welch & Wright, PLLC, helps clients across Hampton Roads protect their rights and fight for better outcomes in DUI appeals. We take the time to review your case, identify appealable issues, and take immediate action, because every day counts.

Call 757-707-8803 or fill out our contact form to schedule your free consultation today.