Can an Appeal Result in a Longer Sentence Than the Original?

It is possible but uncommon, and understanding exactly how it could happen helps put the risk in proper perspective.

When a defendant appeals a sentence, the appellate court reviews whether the sentence was imposed correctly within the legal guidelines. In the vast majority of cases, an appellate court either upholds the sentence, reduces it, or sends the case back to the trial court for resentencing on a specific issue. What most people worry about is that last option.

If an appellate court determines the original sentence was not within proper guidelines and orders resentencing, the trial judge has the authority to impose a new sentence, which in theory could be higher than the original. This is known as resentencing on remand. In practice it is rare for a judge to increase a sentence on remand, and many states have legal protections that limit or prohibit a higher sentence after a successful appeal. Whether those protections apply depends entirely on the state and the specific grounds of the appeal.

For a fourth DUI with a driving during revocation charge, seven years is a substantial sentence. Whether it falls within or outside the applicable sentencing guidelines depends on the state, the specific statutes, any prior record beyond the DUIs, and whether there were aggravating factors such as injuries to others, property damage, or a child in the vehicle.

The attorney handling the appeal is the right person to assess the realistic risk of resentencing in this specific case. If the appeal is being filed on solid grounds and the sentence appears to exceed guideline ranges, the risk of coming out worse is low. Going in with a clear-eyed understanding of the odds is always the right approach.