This text of Utah § 41-6a-515.5 (Sobriety program for DUI.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(1)As used in this section:
(1)(a) "24-7 sobriety program" means a 24 hours a day, seven days a week sobriety and drug monitoring program that:
(1)(a)(i) requires an individual to abstain from alcohol or drugs for a period of time;
(1)(a)(ii) requires an individual to submit to random drug testing; and
(1)(a)(iii) requires the individual to be subject to testing to determine the presence of alcohol:
(1)(a)(iii)(A) twice a day at a central location where timely sanctions may be applied;
(1)(a)(iii)(B) by continuous remote sensing or transdermal alcohol monitoring by means of an electronic monitoring device that allows timely sanctions to be applied; or
(1)(a)(iii)(C) by an alternate method that is approved by the National Highway Traffic Safety Administration.
(1)(b) (1)(b)(i) "Testing" me
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(1) As used in this section:
(1)(a) "24-7 sobriety program" means a 24 hours a day, seven days a week sobriety and drug monitoring program that:
(1)(a)(i) requires an individual to abstain from alcohol or drugs for a period of time;
(1)(a)(ii) requires an individual to submit to random drug testing; and
(1)(a)(iii) requires the individual to be subject to testing to determine the presence of alcohol:
(1)(a)(iii)(A) twice a day at a central location where timely sanctions may be applied;
(1)(a)(iii)(B) by continuous remote sensing or transdermal alcohol monitoring by means of an electronic monitoring device that allows timely sanctions to be applied; or
(1)(a)(iii)(C) by an alternate method that is approved by the National Highway Traffic Safety Administration.
(1)(b) (1)(b)(i) "Testing" means a procedure for determining the presence and level of alcohol or a drug in an individual's breath or body fluid, including blood, urine, saliva, or perspiration.
(1)(b)(ii) "Testing" includes any combination of the use of:
(1)(b)(ii)(A) remote and in-person breath testing;
(1)(b)(ii)(B) drug patch testing;
(1)(b)(ii)(C) urinalysis testing;
(1)(b)(ii)(D) saliva testing;
(1)(b)(ii)(E) continuous remote sensing;
(1)(b)(ii)(F) transdermal alcohol monitoring; or
(1)(b)(ii)(G) alternate body fluids approved for testing by the commissioner of the department.
(2) The department may establish a 24-7 sobriety program with a law enforcement agency that is able to meet the 24-7 sobriety program qualifications and requirements under this section.
(3) (3)(a) The 24-7 sobriety program shall include use of multiple testing methodologies for the presence of alcohol or drugs that:
(3)(a)(i) best facilitates the ability to apply timely sanctions for noncompliance;
(3)(a)(ii) is available at an affordable cost; and
(3)(a)(iii) provides for positive, behavioral reinforcement for program compliance.
(3)(b) The commissioner shall consider the following factors to determine which testing methodologies are best suited for each participant:
(3)(b)(i) whether a device is available;
(3)(b)(ii) whether the participant is capable of paying the fees and costs associated with each testing methodology;
(3)(b)(iii) travel requirements based on each testing methodology and the participant's circumstances;
(3)(b)(iv) the substance or substances for which testing will be required; and
(3)(b)(v) other factors the commissioner considers relevant.
(4) (4)(a) The 24-7 sobriety program shall be supported by evidence of effectiveness and satisfy at least two of the following categories:
(4)(a)(i) the program is included in the federal registry of evidence-based programs and practices;
(4)(a)(ii) the program has been reported in a peer-reviewed journal as having positive effects on the primary targeted outcome; or
(4)(a)(iii) the program has been documented as effective by informed experts and other sources.
(4)(b) If a law enforcement agency participates in a 24-7 sobriety program, the department shall assist in the creation and administration of the program in the manner provided in this section.
(4)(c) A 24-7 sobriety program shall have at least one testing location and two daily testing times approximately 12 hours apart.
(4)(d) An individual who is ordered by a judge to participate in the 24-7 sobriety program for a first conviction as defined in Subsection 41-6a-501(2) shall be required to participate in a 24-7 sobriety program for at least 30 days.
(4)(e) If an individual who is ordered by a judge to participate in the 24-7 sobriety program has a prior conviction as defined in Subsection 41-6a-501(2) that is within 10 years of the current conviction under Section 41-6a-502 or the commission of the offense upon which the current conviction is based, the individual shall be required to participate in a 24-7 sobriety program for at least one year.
(5) (5)(a) If a law enforcement agency participates in a 24-7 sobriety program, the law enforcement agency may designate an entity to provide the testing services or to take any other action required or authorized to be provided by the law enforcement agency pursuant to this section, except that the law enforcement agency's designee may not determine whether an individual is required to participate in the 24-7 sobriety program.
(5)(b) Subject to the requirement in Subsection (4)(c), the law enforcement agency shall establish the testing locations and times for the county.
(6) (6)(a) The commissioner of the department shall establish a data management technology plan for data collection on 24-7 sobriety program participants.
(6)(b) All required data related to participants in the 24-7 sobriety program shall be received into the data management technology plan.
(6)(c) The data collected under this Subsection (6) is owned by the state.
(7) (7)(a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules to implement this section.
(7)(b) The rules under Subsection (7)(a) shall:
(7)(b)(i) provide for the nature and manner of testing and the procedures and apparatus to be used for testing;
(7)(b)(ii) establish reasonable participation and testing fees for the program, including the collection of fees to pay the cost of installation, monitoring, and deactivation of any testing device;
(7)(b)(iii) establish a process for determining indigency and waiving of a portion of the participation and testing fees for indigent individuals in accordance with Subsection (8);
(7)(b)(iv) require and provide for the approval of a 24-7 sobriety program data management technology plan that shall be used by the department and participating law enforcement agencies to manage testing, data access, fees and fee payments, and any required reports; and
(7)(b)(v) establish a model sanctioning schedule for program noncompliance.
(8) (8)(a) The department may waive the department's portion of the participation and testing fees, entirely or in part, for individuals who meet the requirements for indigency provided in Section 78B-22-202.
(8)(b) The department may not waive the portion of the participation and testing fees that are retained by a participating law enforcement agency or testing program site.
(8)(c) The department may periodically adjust participation and testing fees to offset lost program revenue resulting from any fee waivers.
(8)(d) If an individual for whom the department waived fees under this Subsection (8) fails to successfully complete all of the requirements of the 24-7 sobriety program, a court may order the individual to pay the department for any waived fees.