In order to file an appeal, you will need to hire an attorney to present your case. Appealing your DUI case can only be done if there were substantive or procedural errors in your trial. In order for either of these to be considered, your attorney will argue that you deserve to be tried again or that a mistrial be declared. The state prosecutor will also be there to argue that the guilty charge should be upheld. Appealing a case can take be a lengthy process to be heard and may take months or years.