In a recent New Jersey Supreme Court opinion, the supreme Court rightfully held that a defendant’s conviction for refusing to submit to a Breathalyzer test is not a “prior conviction” for purposes of determining the sentence for a subsequent driving-while-intoxicated conviction. See, State v. Ciancaglini
The practical affect of this decision is illustrated by the following example: In 2001 John Doe pleads guilty to refusing to submit to a breathalyzer. Thereafter, in 2002 John Doe pleads guilty to driving under the influence of alcohol in violation of NJSA 39:4-50. According to State v. Ciancaglini, for sentencing purposes Mr. Doe would be considered a first time offender of N.J.S.A. 39:4-50. Therefore, he is subject to a possible loss of his driver’s license for 3 to 12 months. As opposed to a mandatory two year new jersey driver’s license loss as mandated for all second time offenders of NJSA 39:4-50 (that are otherwise ineligible for the 10 year step-down).
