Under what circumstances can I appeal a conviction for DWI?

Roseville, MN DWI defense attorney Dan Koewler talks about when you will be able to appeal a conviction for a DWI.

Contact Dan Koewler

Email: [email protected]

Phone: (651) 604-0000


Almost any case can be appealed. Everybody in Minnesota has the absolute right to appeal their criminal case to the Minnesota Court of Appeals. Whether that makes sense is a different question and it really relies on the facts of the case. I regularly handle appeals from other defense attorneys who refer their clients to me because they like doing trial work but they don’t like doing appeal work and one thing that our firm does very well is handling a strong appellate practice. But if it’s a legal issue, it’s far more likely that we can prevail on appeal than if it’s purely a fact issue. One example would be did the officer have probable cause to arrest somebody? That’s generally a legal question, generally the type of thing we’ve got a better chance of succeeding on appeal with than a purely fact question as in was somebody impaired by alcohol beyond a reasonable doubt. Those are types of things if a jury decides that, I’m typically going to advise somebody we shouldn’t appeal.