Missoula, Montana, is planning to host a public hearing to determine the outcome of a proposed ordinance that could impose a fine for refusing a chemical test during a DUI strop.

The fine would be hefty - $300 for a first offense and $500 for a second offense. This fine would be imposed across the board without room for waiver or exception. The bill is designed to cut back on the number of individuals electing DUI breath or blood test refusal as a defense mechanism. Some offenders simply accept a license suspension in exchange for the lack of evidence provided to the courts for a DUI trial.

Supporters of the bill say it will make the roadway safer by removing DUI drivers of the ability to avoid criminal punishment. Others are concerned it removes the important civil right to refuse a breath test in these situations. The ordinance is supported by Councilman Dave Strohmaier, who proposed the solution.