If a defendant in a criminal prosecution for DUI/DWI is found guilty, the defendant can appeal the conviction (finding of guilt) or the sentence (punishment such as jail or prison, restitution, community service, probation, etc.). An appeal is not another trial—it is an opportunity to raise specific errors that might have occurred at trial. For example, a convicted defendant might claim on appeal that the judge made an incorrect ruling on an important question such as whether to exclude or suppress certain evidence, or whether to impose a certain sentence or punishment. Appeals are complex processes and generally require the expertise of a licensed lawyer.

On appeal a conviction may be reversed, a sentence may be altered, or the case may be sent back to the trial court for a new trial or a new sentence. There are generally two potential levels of appellate review following a defendant’s conviction in a state court or federal trial court—an intermediate court (often called the court of appeals) and the highest court, or court of last resort (often the supreme court). Although a defendant usually has an automatic right to appeal a final conviction to the intermediate court of appeals, in many jurisdictions the highest court has discretion on whether to accept an appeal to review a case—known as discretionary review.

In Louisiana, a defendant convicted of DUI/DWI has the right to appeal the conviction or sentence. The appeal is not a new trial but a legal process to challenge potential errors made during the original trial. For instance, the defendant might argue that the trial judge incorrectly ruled on the admissibility of evidence or imposed an improper sentence. Appeals are intricate and typically necessitate the representation of an attorney. If successful, an appeal can result in the reversal of the conviction, modification of the sentence, or a remand for a new trial or sentencing. Louisiana has an intermediate appellate court system, where defendants have an automatic right to appeal. The Louisiana Supreme Court serves as the court of last resort and has discretionary power to choose which cases it will review. This means that while defendants can appeal to the intermediate court as a matter of right, they must petition the Supreme Court to hear their case, and the court may decline to do so.