SUPREME COURT MAKES MAJOR RULING REGARDING DWI

The state’s highest court said that refusing to take a Breathalyzer test can’t be used to enhance DWI penalties. A question arose in the courts over whether refusing to take a Breathalyzer can be used in combination with prior drunk driving convictions to bump a person up to the next penalty line for a drunk driving conviction. The Supreme Court said that if a person is convicted for drunk driving twice, and once for failing to take a Breathalyzer, the Breathalyzer test issue can’t be used to penalize a person like a third time offender.

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