No, if you were convicted of refusal in the past but not DWI, the new arrest can only be charged at a first offender level.
While it’s generally not a good idea to refuse to provide a breath sample in New Jersey, this is a rare instance where a past refusal can be beneficial to a current DWI charge.
Keep in mind that you can be convicted of DWI even if you refuse to provide a sample for an Alcotest, and that the prosecution can use a refusal against you in court.
By arguing that you refused to provide a sample because you knew you were drunk, a refusal becomes a weapon to use against you.
The penalties for a first DWI conviction are serious, but less serious than a second refusal conviction.
When you’re facing DWI charges anywhere in New Jersey, call attorney Matthew Reisig right away at 732-625-9660 for a free consultation with one of New Jersey’s most successful DWI defense lawyers.
