Prior DWI counts for enhanced refusal. State v. Frye ___ NJ. ___ (2014) A-30-12
The Court reaffirms its holding in In re Bergwall, 85 N.J. 382 (1981). A prior DWI conviction may enhance the sentence for a subsequent refusal conviction under the refusal statute, N.J.S.A. 39:4-50.4a
