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 New Hampshire, 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, such as the admission or exclusion of evidence or the appropriateness of the sentence imposed. Appeals in New Hampshire typically begin at the intermediate appellate level, which is the New Hampshire Supreme Court, as the state does not have an intermediate court of appeals. The Supreme Court reviews the record from the lower court and determines whether legal errors affecting the outcome were made. If the conviction or sentence is found to be flawed due to such errors, the Supreme Court may reverse the conviction, modify the sentence, or remand the case back to the trial court for a new trial or sentencing. While the first appeal is a matter of right, further review by the United States Supreme Court is discretionary and only granted in a small number of cases. The appeals process is intricate and generally necessitates the representation by an attorney experienced in appellate law.