STATE v. WAINWRIGHT

No. 12-213, 13-010.

88 A.3d 423 (2013)

2013 VT 120

STATE of Vermont v. Bryan WAINWRIGHT. State of Vermont v. Matthew E. Wilder.

Supreme Court of Vermont.

December 20, 2013.


Attorney(s) appearing for the Case

David W. Gartenstein and Steven M. Brown , Windham County Deputy State's Attorneys, Brattleboro, for Plaintiff-Appellant.

Matthew F. Valerio , Defender General, Dawn Matthews and Rebecca Turner , Appellate Defenders, Montpelier, for Defendants-Appellees.

Present: REIBER, C.J., DOOLEY, SKOGLUND, BURGESS and ROBINSON, JJ.


DOOLEY, J.

¶ 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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