State v. Wainwright

¶ 1. In these consolidated appeals, we consider whether the same prior conviction for driving under the in.1uence (DUI) may serve both to crimin.1ize a refusal to submit to an evidentiary blood-alcohol test under 23 V.S.A. § 1201(b) and to enhance the pen.1ty for that offense under 23 V.S.A. § 1210. The trial court held that the statute prohibited such dual use, and the State appeals. We reverse, and con.1ude that the plain language of the statute allows the same prior DUI conviction to be used both as an element of crimin.1 refusal and to enhance the pen.1ty for the refusal.

¶ 2. The material…