DUI-elimination of right to refuse test.

11LSO-0161.L1

CORRECTED COPY

FISCAL NOTE

The fiscal impact to the state would be indeterminable due to an unknown number of additional DUI cases.

This bill would increase the number of DUI tests given in the state by an unknown amount.  It is also unknown how many DUI tests would now result in a breath test or a blood test.

If the majority of tests were breath tests, which may be a reasonable assumption, then the overall impact to the state would likely be a small expenditure decrease.  If more people took breathe tests, this could reduce expenditures at the Department of Transportation as they purchase blood kits for use by the Highway Patrol and for distribution to law enforcement agencies.  These kits cost $10 each.  In addition, there could be reduced expenditures to the Highway Patrol and local law enforcement agencies associated with transporting individuals to a licensed medical professional to draw blood. There may be a small expenditure increase to the Department of Health for the calibration and testing of equipment. 

If there was an increase in the overall number of blood tests, the Department of Health would see a revenue increase as a $9.50 fee is charged per test.  This revenue increase would be at least partially offset, if not wholly, by a likewise expenditure increase to the Department of Transportation, which would be paying the fee to the Department of Health.  If the total number of blood tests increased, there could also be an increased expenditure at the Department of Transportation for the purchase of blood kits.

NOTICE-AGENCY ESTIMATE OF ADMINISTRATIVE IMPACT REQUESTED

This bill has administrative impact that appears to increase (or decrease) duties or responsibilities of one or more state agencies and may impact agency spending or staffing requirements. As introduced, the bill does not modify any state agency budget or current personnel authorizations.

The following state agencies will be asked to provide their estimate of the administrative fiscal impact prior to the first committee meeting held to consider the bill:

Attorney General’s Office

Prepared by:   Matthew Sackett, LSO   Phone: 777-7881

(Information provided by: Kevin Hibbard, Dept. of Trans. Phone: 777-4026; Richard Harris, WDH. Phone: 777-6066: and Elizabeth Gagen, AG’s Office. Phone: 777-7847)