If I Appeal My DUI Case, Will My Sentencing Be Put on Hold?
Maybe. The availability of a supersedeas writ or an appeal bond is a function of your state’s laws. If it is available, your sentence (or most aspects of it) will be delayed until the appeal is finalized. If not, you will begin your DUI sentence at the discretion of the trial court. In most misdemeanor DUI-DWIs, you have a specific right to be released from jail after posting a reasonable bond pending your appeal. Your knowledgeable DUI-DWI defense attorney will know about the availability of an appeal and deferral of the imposition of punishment in your state.
Do I Still Have to Report to My Probation Officer?
Maybe. If you are convicted of a DUI-DWI offense, and an appeal is sought along with a supersedeas writ or appeal bond application, you may be required to have a probation officer assigned to your case until your appeal is finalized. Depending on the laws of your state, you may have to report periodically (in person or by mail).
The probation officer may not need to see you all the time, but may check the state crime information computer weekly or monthly to make sure that you have not violated any new state laws. New violations would authorize your judge to consider imposing new restrictions on your activities or even revoking the supersedeas bond.
You may (in some states) need to be monitored through some means of electronic detection (i.e., through an ankle bracelet or an alcohol detection and monitoring system on your home phone) while you remain free on bond.
Will My Driver’s License Stay Suspended?
No matter what other punishment might be delayed due to the start of an appeal process or as a result of filing a motion for a new trial, the loss of your driver’s license is not usually held off.
If your driver’s license was not surrendered and revoked or suspended at the time of your arrest, it will usually be taken at the time of sentencing after your criminal trial. This is usually not a matter of discretion with your trial judge because state law mandates the surrender of any license “upon conviction.”
In spite of an appeal or motion for a new trial, your license will usually remain suspended. The determination of when reinstatement can occur depends on your state’s laws. Usually, you remain suspended until: (1) you are either found not guilty at a new trial; or (2) the appellate court reverses your original conviction; or (3) the period of suspension or revocation (as set by state law) is completed and all conditions for reinstatement have been met by you.
These conditions typically include a showing of completion of driving school (DUI Class), showing proof of automobile insurance, and possibly the installation of an ignition interlock device.