Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since August 1, 2019, please see the codification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.


R714. Public Safety, Highway Patrol.

Rule R714-510. 24-7 Sobriety Program.

As in effect on August 1, 2019

Table of Contents

R714-510-1. Authority.

This rule is authorized by Subsection 41-6a-515.5(7).

R714-510-2. Purpose.

The purpose of this rule is to establish criteria and procedures for a law enforcement agency to participate in a 24-7 sobriety program.

R714-510-3. Definitions.

(1) Definitions used in the rule are found in Sections 41-6a-102, and 41-6a-515.5.

(2) In addition:

(a) "24-7 Sobriety Program Committee" or "committee" means a committee comprised of members from the Department of Public Safety, the Department of Technology Services, the Administrative Office of the Courts, and the participating law enforcement agency for the purpose of establishing criteria and procedures for a 24-7 sobriety program.

R714-510-4. Manner of Testing.

(1) An individual participating in a 24-7 program for in person alcohol testing shall:

(a) appear at the designated law enforcement agency or testing site twice a day, both between the hours of 6-8 am and 6-8 pm;

(b) submit to a portable breath test; and

(i) if the portable breath test result indicates alcohol consumption, submit to an Intoxilyzer test for a confirmation result; and

(c) pay the required testing fee for each test administered.

(2) An individual participating in a 24-7 program for drug testing shall:

(a) appear at the designated law enforcement agency or testing site on a random basis as requested;

(b) submit to required drug testing; and

(c) pay the required testing fee for each test administered.

(3) An individual may be ordered to participate in a 24-7 program through the use of transdermal alcohol monitoring if:

(a) the individual has completed a screening for risk assessment and is determined to be a low risk offender; or

(b) the judge hearing the case has determined that the individual qualifies for a hardship exception based on criteria outlined in Subsection 41-6a-515.5(3)(e).

R714-510-5. Apparatus to be Used for Testing.

(1) The following apparatus are acceptable for use in a 24-7 sobriety program;

(a) portable breath test;

(b) Intoxilyzer test;

(c) urine test;

(d) oral fluid test; and

(e) blood test.

R714-510-6. Participation and Testing Fees.

(1) A law enforcement agency that participates in a 24-7 sobriety program may require payment of a testing fee by a person participating in the program as follows:

(a) $30.00 user fee for enrollment in the 24-7 sobriety program;

(b) $2.00 for each portable breath test or Intoxilyzer test administered;

(c) $6.00 for each urine or oral fluid drug test administered; and

(d) $7.55 per day for the use of transdermal alcohol monitoring;

R714-510-7. Data Management Technology Plan.

(1) A law enforcement agency that participates in a 24-7 sobriety program must use a data management technology plan approved by the department to manage the following:

(a) testing;

(b) data access;

(c) fees;

(d) fee payments; and

(e) any required reports.

R714-510-8. Sanction Schedule for Program Noncompliance.

(1) A person who tests positive for alcohol or drugs under a 24-7 sobriety program may be subject to the following:

(a) jail commitment of 8 hours for the first occurrence;

(b) jail commitment of 16 hours for the second occurrence;

(c) jail commitment of 24 hour for the third occurrence;

(d) appear before judge, may be removed from program for the fourth occurrence.

(1) A person who fails to appear for a required test may be subject to the following:

(a) jail commitment of 12 hours for the first occurrence;

(b) jail commitment of 24 hours for the second occurrence;

(c) jail commitment of 48 hour for the third occurrence;

(d) appear before judge, may be removed from program for the fourth occurrence.

R714-510-9. Process for Piloting Alternate Components of the 24-7 Sobriety Program.

(1) The 24-7 Sobriety Program Committee may evaluate and pilot alternate components of the 24-7 sobriety program.

(2) Upon evaluation and determination of the committee that an alternate component of the 24-7 Sobriety Program is deemed effective, the committee may incorporate the alternate component into the 24-7 Sobriety Program.

KEY

24-7 Sobriety Program, sobriety testing

Date of Enactment or Last Substantive Amendment

December 28, 2017

Authorizing, Implemented, or Interpreted Law

41-6a-515.5


Additional Information

Contact

For questions regarding the content or application of rules under Title R714, please contact the promulgating agency (Public Safety, Highway Patrol). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.