A New Jersey senator plans to introduce legislation that would make prior convictions for refusing a Breathalyzer test applicable when sentencing someone for a DWI.
The state Supreme Court ruled Wednesday that refusing a Breathalyzer could not be used when determining if someone is a repeat offender.
Prior convictions for refusing a breath test and prior convictions for DWI were written in the law to be separate offenses, the court said.
"We need to make sure people who abuse the public trust by driving while under the influence of drugs or alcohol are held accountable and don't get a lesser penalty due to a glitch in the law," said Sen. Sean Kean (R-Monmouth), who plans to introduce the legislation.
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