¶ 1. In these consolidated appeals, we consider whether the same prior conviction for driving under the influence (DUI) may serve both to criminalize a refusal to submit to an evidentiary blood-alcohol test under 23 V.S.A. § 1201(b) and to enhance the penalty 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,...
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