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Can you appeal your New York drunk driving conviction?

Were you convicted of drunk or drugged driving in New York? If you were, you may already be dealing with a license suspension or revocation. These penalties — and others — can affect your ability to earn a living or to live your life in the way you want to.

Depending on the circumstances of your case, you may have been convicted of a misdemeanor or a felony, such as:

  • Driving While Intoxicated (DWI)
  • Driving While Ability Impaired (DWAI)
  • Driving Under the Influence (DUI)

No matter your charges, did you know you may be able to change or reverse the court’s decision?

Appealing a DWI/DUI/DWAI conviction

If you believe you were wrongly convicted, learn about your right to appeal. An appeal gives you an opportunity to point out mistakes in your trial:

  • Procedural errors: These are mistakes that may have been made during the process of your trial. Ex. The judge relied on the wrong laws or the jury was given the wrong instructions.
  • Substantive errors: These have to do with testimonies given by witnesses and physical evidence. Ex. Presenting evidence that was found through an illegal search and seizure or failing to present evidence that would have helped your case.

You must act quickly

You have a very limited amount of time (about 30 days) to file an appeal. The time starts to count down from the day you received the notice of judgement from the court or in the mail.

There is a formal procedure you need to follow which involves filing and serving a Notice of Appeal. Then, you must prove that your conviction was the wrong decision whether due to a procedural or substantive error. Rather than worry about making a mistake with the appeal process, most people get help from a lawyer.

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James L. Riotto Attorney Photo
James L. Riotto
Criminal Defense Lawyer

James L. Riotto is an accomplished criminal defense attorney serving clients in New York. With an extensive background in law enforcement and criminal prosecution, his approach to each case is unique and informed by years of experience with the New York criminal justice system. As a graduate from Albany Law School and before going on to start his own practice, James worked at the Albany County District Attorney's Office, where he helped prosecute many DWI offenses. His inside knowledge of the tactics used to gain convictions provides him with a particular advantage when defending against DUI and other criminal charges.

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Adam D. Staier
Of Counsel

About Attorney Adam Staier has spent the last seven years practicing criminal defense law throughout upstate New York and the Capital Region. He began his legal career through internships in civil law, indigent legal representation and federal energy law regulation. Finding a passion in criminal law, Mr. Staier held internships handling both prosecution and defense…

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William M. Swift
Associate Attorney

About William M. Swift is an associate attorney at the Law Office of James L. Riotto and brings 20 years of experience to our clients. His practice focuses on personal injury cases and criminal matters. He has successfully represented individuals in felony, misdemeanor cases. Additionally, he has extensive knowledge in DMV administrative proceedings involving suspensions…

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