We have discussed in prior posts that law enforcement can request a person submit to testing, which can be used at a later trial. How are these tests paid for, however?
KSA 8-1023 provides some guidance on how law enforcement agencies can collect the costs associated with testing through a DUI/DWI case. All costs are initially paid for by the county for testing. If a driver is later convicted, however, these costs can be collected through court costs as part of the driver’s sentence. Also, many prosecutor’s offices also have these costs worked into any diversion agreement that might be approved for a driver with a DUI/DWI charge. Some diversion agreements even use the “diversion” fee that is collected as a means for helping the county provide testing equipment.
For Defendants, this can mean increased financial costs through a DUI/DWI case. After a Defendant is assessed the minimum fine, court costs, and any costs associated with mandatory evaluations, a DUI/DWI cases can get quite expensive! A small silver lining, however, is that these costs can generally be spread out over the course of any court ordered probation term.
For prosecutors, testing can become quite cumbersome if the county does not have a vast amouont of funds to use on testing equipment. Often, some law enforcement agencies might elect to go with cheaper forms of testing versus other forms that can prove to be more expensive if even better in quality.
The legislature seems to be asking the counties to bear the brunt of the costs for testing, but if a driver is proven to be guilty, it does allow a means for the county to be reimbursed. One has to wonder, however, how much is actually collected versus how much is actually needed for testing during any given period?
Until next time, drive safe!