I pled guilty to Refusal and the DWI charge was dropped. I was recently arrested for DWI. What effect, if any, will my prior refusal conviction have if I am convicted of the current DWI charge?
There will be no effect on the pending DWI charge based on the prior refusal conviction. In New Jersey, a prior refusal conviction can never serve to enhance or impact a second or third DWI arrest. The definitive case concerning this supposition is State v. Ciancaglini, 204 N.J. 597 (2011).
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