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 Vermont, a defendant found guilty of DUI/DWI has the right to appeal the conviction or sentence. The appeal is not a new trial but a process to challenge legal errors that may have occurred during the original trial, such as improper evidence rulings or sentencing decisions. Appeals are intricate and typically necessitate the representation by 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. Vermont has a two-tier appellate system, where the first level of appeal is to the Vermont Supreme Court, as Vermont does not have an intermediate appellate court. The Vermont Supreme Court reviews all appeals directly. While the right to appeal to this court is generally automatic after a conviction, further review by the United States Supreme Court is discretionary and only granted in a small fraction of cases.