How are the DUI breath test fees receipted after the changes made during the 2011 Legislative session?
Bill SBH 1789 increased the Breath Test, or BAC, Fee from $125 to $200. This fee is imposed on all DUI-related convictions, sentences, and granted deferred prosecutions. A portion of the newly increased fee is to go to the Highway Safety Account for grants to help fund programs, including DUI courts that were approved in this bill.
New Cost Fee Codes were added for both the Superior Courts and the District and Municipal Courts to add the entire $200 fee to the Create A/R (CAR) screen for a case. The new Cost Fee Codes and the new amounts need to be used on every conviction, sentence, or deferred prosecution granted after the effective date of the statute, July 22, 2011.
Superior Courts:
New Code: DUS - DUI-Deferred Account Fee
Amount: $200
Replaces Code: BBS - Fee, Lab: Blood or Breath Test
Amount: $125
District and Municipal Courts:
New Code: DUC - DUI/DP Account Fee
Amount $200
Replaces: BBL - Blood/Breath Lab Testing Fee and OCD* - Other Costs - DUI
Amount $125 ($75/$50)
*NOTE: This only replaces that portion of the OCD code that was used to reflect $50.00 of the $125 BAC Fee imposed prior to this increase. If additional DUI-related costs are imposed on a case, they should still be added using the Cost Fee Code OCD, if appropriate.
By entering one Cost Fee Code (DUS or DUC) to assess this fee, any reductions of the fee by court order will distribute the reduced fee proportionately to all affected funds.
RN id: 2216