Posted on Friday, October 31st, 2025 at 3:49 pm
A DUI/OVI conviction in Ohio doesn’t have to be your final outcome. If you’ve been convicted under Ohio’s Operating a Vehicle Impaired (OVI) law, you have the right to appeal your conviction based on legal errors that occurred during your trial. The appellate process provides an opportunity to challenge the conviction and potentially overturn it, secure a new trial, or reduce your sentence. However, time is critical—Ohio law imposes a strict 30-day deadline to file your notice of appeal from the date of conviction. Our Cincinnati DUI/OVI appeal attorneys at Moermond & Mulligan, LLC understand Ohio’s appellate system and can help you navigate this process to protect your rights and future.
Understanding Your Right to Appeal a DUI/OVI Conviction
You retain the right to appeal your DUI/OVI conviction even after a guilty plea or trial verdict. An appeal is not a new trial; instead, it is a review of the trial court’s legal decisions and procedures to determine whether errors occurred that affected the outcome of your case.
The appellate court examines:
- Trial transcripts and court records
- Evidence presented at trial
- Motions filed by both sides
- Trial court rulings and jury instructions
In Ohio, direct appeals are governed by the Ohio Rules of Appellate Procedure and Ohio Revised Code. The appellate court’s role is narrow: it reviews whether legal errors happened, not whether you are guilty or innocent. This distinction is important because it means your appeal focuses on how the case was handled, not on retrying the facts. Our team at Moermond & Mulligan, LLC understands Ohio’s appellate framework and can identify legal errors that may have occurred during your trial.
Grounds for Appealing Your DUI/OVI Conviction
To appeal a DUI/OVI conviction, you must identify valid legal grounds. The appellate court only reviews errors preserved in the trial record that could have affected the verdict. Minor mistakes are not enough—the error must be significant.
Common grounds for appeal include procedural or testing errors that affect the reliability of evidence, and trial-related issues involving how the court or your attorney handled the case. Each requires specific legal arguments and proof to show the trial’s outcome may have been unjust.
Procedural and Testing Errors:
- Improper administration of breath or blood tests
- Faulty field sobriety test procedures
- Lack of reasonable suspicion for the initial traffic stop
- Insufficient probable cause for your arrest
- Miranda rights violations
- Improper evidence handling
Trial-Related Grounds:
- Ineffective assistance of counsel (your trial attorney failed to provide adequate representation)
- Procedural errors that affected the trial outcome, such as improper jury instructions
- Admission of inadmissible evidence
- Insufficient evidence to prove guilt beyond a reasonable doubt
Our Cincinnati criminal defense attorneys evaluate all potential grounds for your specific case and identify which errors provide the strongest basis for appeal. We examine the trial transcript, police reports, and evidence to pinpoint legal mistakes that may have unfairly prejudiced your case. Many DUI/OVI convictions contain errors that go unnoticed without careful appellate review—our job is to find them and present them persuasively to the appellate court.
The DUI/OVI Appeal Process in Ohio
The DUI/OVI appeal process in Ohio follows strict procedural rules and timelines. Understanding each step helps you know what to expect and why timing is so critical. From the moment you are convicted, the clock starts ticking on your 30-day filing deadline. Missing this deadline is one of the most common reasons people lose their right to appeal, which is why immediate action is essential.
The process begins with filing your notice of appeal and continues through multiple stages of briefing, argument, and judicial review. Each stage serves a specific purpose in presenting your case to the appellate court. Your appellate attorney must navigate these procedures carefully while building a compelling legal argument for why your conviction should be reversed.
- Step 1: Notice of Appeal (30-Day Deadline) – File your notice of appeal within 30 days of your conviction or sentencing. This deadline is absolute and rarely waived, so immediate action is essential. Filing the notice of appeal preserves your right to appeal and initiates the appellate process. The Hamilton County Court of Appeals handles most DUI/OVI appeals in the Cincinnati area.
- Step 2: Appellate Brief Preparation – Your appellate attorney prepares a detailed written argument explaining the legal errors that occurred and why they warrant reversal of your conviction. This brief is the heart of your appeal and must clearly articulate your legal arguments with citations to case law and the trial record.
- Step 3: Prosecution’s Response – The prosecution files a response brief defending the trial court’s decision and arguing why your conviction should be upheld. This brief addresses each argument you raised and attempts to distinguish or refute your legal claims.
- Step 4: Reply Brief (Optional) – Your attorney may file a reply brief addressing the prosecution’s arguments and reinforcing your key points. This is your final opportunity to respond before oral arguments.
- Step 5: Oral Arguments – The appellate court schedules oral arguments, where your attorney presents your case before a panel of judges. Judges ask questions and hear arguments from both sides. Oral argument is typically allocated 15 minutes per side, though the court may grant additional time upon request and provide an opportunity to clarify your written arguments and respond to judicial concerns.
- Step 6: Written Opinion – The court issues a written opinion explaining its decision. This opinion becomes part of Ohio case law and may be cited in future cases. The opinion will explain the court’s reasoning and whether it agrees with your arguments.
The entire process typically takes 12 to 18 months from the date you file your notice of appeal to the date the appellate court issues its final decision. During this time, your conviction remains in effect, though you may be able to remain free on bond pending the appeal outcome. The timeline varies depending on the appellate court’s docket, the complexity of your case, and how quickly briefs are prepared and submitted. Our attorneys will keep you informed throughout each stage of the process and explain what is happening and why.
Possible Outcomes of Your DUI/OVI Appeal
Your DUI/OVI appeal can result in several outcomes:
- Conviction Vacated – Your conviction is overturned, and the case is dismissed
- New Trial Ordered – You are retried in the trial court with a fresh opportunity to defend yourself
- Evidence Suppressed – Key evidence is excluded, which may lead to dismissal or a reduced charge
- Sentence Reduced – Your conviction stands, but your sentence is reduced
- Conviction Affirmed – The appellate court upholds the trial court’s decision, and your conviction stands
Understanding these possible outcomes helps you approach your appeal with realistic expectations while recognizing the significant opportunity an appeal provides. If your conviction is vacated, you may also be eligible to expunge your criminal record, which removes the conviction from your public record.
Why Legal Representation Matters in DUI/OVI Appeals
Appellate procedure is complex and differs significantly from trial procedure. Appellate courts focus on legal arguments and written briefs rather than witness testimony and evidence presentation.
Key advantages of experienced appellate counsel:
- Strategic brief writing that clearly articulates compelling legal arguments
- Identification of viable legal errors from the trial record that judges find persuasive
- Oral argument preparation and confident courtroom presentation
- Knowledge of Hamilton County and Ohio appellate courts, including how specific judges approach DUI/OVI cases
- Understanding of what arguments resonate with appellate judges
- Higher success rates compared to self-representation
Research shows that defendants represented by experienced appellate counsel achieve significantly higher success rates than those proceeding without counsel. Moermond & Mulligan, LLC has handled numerous DUI/OVI appeals and understands how to present your case effectively to appellate judges. Our track record includes successful case results that demonstrate our ability to achieve favorable outcomes.
Why Work with Moermond & Mulligan, LLC On Your DUI/OVI Appeal
Moermond & Mulligan, LLC brings extensive experience and proven results to your DUI/OVI appeal. Our firm has successfully represented clients throughout Cincinnati and Hamilton County in complex appellate matters, with a track record of overturning convictions, securing new trials, and reducing sentences.
Our Credentials and Recognition:
Patrick Mulligan, Esq., our founding attorney, holds Board Certification as a Criminal Law Specialist from the National Board of Trial Advocacy—a distinction held by only 9-24 attorneys in Ohio. This certification requires substantial trial experience, passing a rigorous written examination, and maintaining continuing legal education. Mr. Mulligan has been recognized as a Super Lawyer for multiple years and was named among the Top 100 Trial Lawyers by the National Trial Lawyers organization. He was also recognized as one of the Top 100 DUI Attorneys nationally by the National Advocacy for DUI Defense. With over 35 years of criminal defense experience, Mr. Mulligan brings extensive knowledge to appellate advocacy.
Brad Moermond, our co-founder, was selected as one of the National Trial Lawyers Top 40 Under 40 in 2020, recognizing him as one of the most accomplished trial lawyers under age 40 in Ohio. Mr. Moermond brings a unique prosecutorial background, having served as an Assistant Prosecutor at the Montgomery County Prosecutor’s Office, where he prosecuted hundreds of felony cases. This insider knowledge of prosecution strategies provides significant advantages in appellate advocacy.
Our Proven Results:
Our firm has achieved significant results for clients facing serious criminal charges. We successfully secured the dismissal of an OVI charge by demonstrating that the state had destroyed crucial evidence, preventing the prosecution from meeting its burden of proof. We have also achieved charge reductions in felonious assault cases, reducing charges from felony convictions to first-degree misdemeanors with no jail time. Additionally, we have secured not guilty verdicts in serious violent crime cases through comprehensive trial preparation and effective courtroom advocacy.
Our Approach:
- Thorough case analysis to identify all viable legal errors
- Strategic appellate advocacy tailored to your specific circumstances
- Experienced representation before Ohio appellate courts
- Personalized attention to your case and concerns
- Clear communication about realistic outcomes and next steps
We understand the stress and uncertainty that follows a DUI/OVI conviction. Our goal is to provide you with experienced legal representation that maximizes your chances of a favorable outcome. When you work with Moermond & Mulligan, LLC, you work with attorneys who understand Ohio’s appellate system and are committed to fighting for your rights.
Take Action on Your DUI/OVI Appeal Today
Your 30-day filing deadline is not flexible. Missing this deadline eliminates your right to appeal and leaves your conviction final. If you have been convicted of DUI/OVI in Cincinnati or Hamilton County, contact Moermond & Mulligan, LLC immediately to discuss your appeal options.
Our attorneys will:
- Review your case thoroughly
- Identify potential legal errors
- Explain your realistic chances of success
- Answer your questions about the appellate process
- Discuss fees and representation options
We serve clients throughout Cincinnati and the surrounding areas. Call (513) 421-9790 today for a free consultation to learn how we can help overturn your conviction or secure a better outcome.
Frequently Asked Questions
Can I appeal my DUI/OVI conviction if I already pleaded guilty?
Yes, you can appeal your conviction even after entering a guilty plea. Your appeal can challenge legal errors that occurred before, during, or after your guilty plea, such as ineffective assistance of counsel, procedural violations, or errors in sentencing. A guilty plea does not eliminate your appellate rights; it only means your appeal focuses on legal errors rather than challenging the factual basis of your guilt.
What is the deadline for filing a DUI/OVI appeal in Ohio?
You must file your notice of appeal within 30 days of your conviction or sentencing date. This deadline is strictly enforced in Ohio, and missing it results in the loss of your appeal rights with rare exceptions. If you have been convicted, contact an attorney immediately to help your appeal get filed timely and properly.
How long does a DUI/OVI appeal typically take in Ohio?
Most DUI/OVI appeals take between 12 and 18 months from the date you file your notice of appeal to the date the appellate court issues its final decision. The timeline varies depending on the appellate court’s docket, the complexity of your case, and how quickly briefs are prepared and submitted. During this period, you may still be subject to license suspension or other penalties, though limited driving privileges may be available depending on your specific circumstances.
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Written By: Moermond & Mulligan, LLC
Last Updated: 11-18-2025