OMAHA, Neb. (AP) — A twice-convicted drunken driver sentenced to probation this year for refusing to submit to chemical testing can now add a $1,000 fine to his sentence, thanks to a Nebraska court’s ruling on his appeal.

The ruling comes in the case of 36-year-old Aaron Brooks, of Kearney, convicted earlier this year of refusing to submit to a chemical test after a 2013 traffic stop. Brooks faced prison time because of previous DUI convictions in 2001 and 2003, but got four years’ probation. He appealed, saying the previous convictions should not have been used against him.

On Tuesday, the Nebraska Court of Appeals upheld his conviction. But it vacated his sentence because the judge failed to impose a mandatory $1,000 fine. The court ordered him to be resentenced to include the fine.