Latest / BSPE Legal Marketing Podcast / Can You Appeal a DUI Conviction in Michigan? - Paul J. Tafelski

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Can You Appeal a DUI Conviction in Michigan? - Paul J. Tafelski · BSPE Legal Marketing Podcast

• 0:00
  SPEAKER_00: Can you appeal a DUI conviction in Michigan?
• 0:02
  SPEAKER_00: If you've been convicted of a DUI in Michigan, that conviction may not be the final word in your case.
• 0:07
  SPEAKER_00: Michigan law refers to this offense as operating while intoxicated, commonly known as OWI.
• 0:14
  SPEAKER_00: And yes, a conviction can be appealed through the state's court system.
• 0:17
  SPEAKER_00: A higher court can review legal errors, insufficient evidence, or problems with chemical testing procedures that arose during your case.
• 0:25
  SPEAKER_00: It's important to understand that an appeal is not a new trial.
• 0:28
  SPEAKER_00: The reviewing court examines the existing record from the lower court rather than hearing new witnesses or retrying the facts.
• 0:35
  SPEAKER_00: The route your appeal takes depends heavily on how your conviction was entered.
• 0:39
  SPEAKER_00: Whether after a trial or through a guilty or no contest plea, a conviction after trial generally carries an appeal of right.
• 0:45
  SPEAKER_00: While a plea-based conviction is reviewed by application for leave to a higher court, valid grounds for a Michigan DUI appeal must be tied to the record and can include incorrect jury instructions, admission of inadmissible evidence, or an erroneous interpretation of MCL 257.625 on an insufficiency of evidence claim.
• 1:05
  SPEAKER_00: The reviewing court asks whether a rational factfinder could have found every required element proved beyond a reasonable doubt.
• 1:11
  SPEAKER_00: Michigan also tightly regulates chemical testing, and issues with breath, blood, or urine testing procedures can become grounds for appeal depending on how they affected reliability or admissibility.
• 1:22
  SPEAKER_00: Filing deadlines in Michigan vary significantly.
• 1:25
  SPEAKER_00: A misdemeanor appeal to circuit court must be filed within 21 days.
• 1:30
  SPEAKER_00: While a criminal appeal of right to the Michigan Court of Appeals requires filing within 42 days, missing these deadlines can forfeit your right to an automatic appeal, making it critical to act quickly after a conviction.
• 1:41
  SPEAKER_00: Attorney Paul J.
• 1:42
  SPEAKER_00: Tefalski has been representing clients in criminal defense and OWI matters throughout Oakland County and across Michigan since 1995, bringing decades of courtroom experience to appellate review.
• 1:53
  SPEAKER_00: His background spans arraignment through jury trial, giving him a thorough understanding of how evidentiary and procedural issues develop at the lower court level and become relevant on appeal.
• 2:03
  SPEAKER_00: This law firm also handles related Secretary of State driver's license matters, including suspension and revocation proceedings that run separately from the criminal appeal.
• 2:12
  SPEAKER_00: A skilled lawyer reviews the complete lower court record to identify preserved errors and assess which arguments align with the applicable standard of review.
• 2:20
  SPEAKER_00: Contact Paul J.
• 2:21
  SPEAKER_00: Tefelski, Michigan Defense Law.
• 2:24
  SPEAKER_00: Located at 2525S Telegraph RD Suite 100.
• 2:28
  SPEAKER_00: Bloomfield Hills, Michigan, 48302, United States.
• 2:32
  SPEAKER_00: By calling 248 451 2200 to discuss your DUI conviction and explore your appeal options with an experienced attorney today.