Follow up: Lets call this "Danielle's Law." Legislature moves to eliminate loophole for repeat drunk drivers who refuse alcohol tests to avoid enhanced penalties. Journalstar.com Last year the Legislature created stiffer penalties for repeat drunken driving offenders with very high blood alcohol content levels. But senators didn’t make changes to the penalties for refusal to take the test. So repeat offenders who refuse to take the test cannot be charged with the stricter high-BAC charge, but face the lower penalty. Senators gave first-round approval Wednesday to a measure (LB578) that treats repeat offenders who refuse to take the test that measures the level of alcohol in the blood the same as those who take the BAC and have a high blood alcohol content