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 Pennsylvania, a defendant convicted of DUI/DWI has the right to appeal the conviction or sentence. The appeal is not a retrial but a legal process to challenge potential errors made during the trial, such as improper evidence rulings or sentencing decisions. Appeals in Pennsylvania typically begin at the intermediate appellate level, which is the Superior Court. If the appeal is unsuccessful at this level, the defendant can seek further review by the Pennsylvania Supreme Court, which has discretionary power to choose which cases it will hear. The appellate process is intricate and usually necessitates the representation of an attorney experienced in appellate law. During the appeal, the conviction could be overturned, the sentence modified, or the case remanded for a new trial or resentencing. The right to an initial appeal is generally automatic, but further appeals to the highest court are not guaranteed and are subject to the court's discretion.