Monitoring Guide
24/7 Sobriety Monitoring: How Twice-Daily Testing Programs Work
A 24/7 sobriety program requires a person to avoid alcohol or drugs, backed by frequent testing. Many programs use twice-daily breath tests. Others use a continuous alcohol monitor. Programs are run under state law, so the rules depend on where the case is.
Quick answer
What Is a 24/7 Sobriety Program?
- A court or program requires no alcohol or drug use.
- Testing is frequent, often twice a day or continuous.
- A missed test is often treated like a failed test.
- Sanctions are usually quick and predictable.
- Rules depend on the state program.
Common testing methods
How 24/7 Programs Test
Lanes showing breath testing, continuous alcohol monitoring and drug testing in 24/7 programs.
Breath testing
- Often twice a day
- In person or by remote device
Continuous alcohol monitoring
- Ankle device reads alcohol through the skin
- Builds a near-continuous record
Drug testing
- Urine tests or sweat patches
- For substances breath tests miss
Testing
How 24/7 Monitoring Works
Many programs use in-person breath tests twice a day. Others use a continuous alcohol monitor worn on the ankle, which reads alcohol through the skin. Drug testing may be added because breath tests only detect alcohol.
For device options, see Remote Alcohol Monitoring and Court-Ordered Drug Testing.
When it is used
Who Gets Ordered Into a 24/7 Program
- As a condition of bond or pretrial release
- As part of a diversion or treatment program
- As a condition of probation after conviction
Swift and certain
Testing Schedules and Violations
24/7 programs are built on quick, predictable responses rather than severe ones. In many programs, a missed test counts like a failed test. Allowed alcohol levels and sanctions are set by each state's program. North Dakota's program guidelines are one example.
After a flagged result, ask your attorney about requesting the device log and maintenance records.
Fees
Program Costs and Fees
Participants often pay for testing. Fees may include enrollment, per-test or daily device charges and lab confirmation. Amounts vary by program. In some programs, nonpayment can become a problem, so raise any hardship with your attorney early.
What studies show
What Research Says
Researchers have studied 24/7 programs in several states. A peer-reviewed analysis of Montana's program examined repeat DUI arrests and found results depended on how consistently the program was run. Federal highway safety rules in 23 C.F.R. § 1300.23 define 24/7 sobriety programs for grant purposes.
For clients and counsel
A Simple Compliance Checklist
- Confirm the first testing window in writing.
- Keep your own record of every test time and result.
- Ask about monthly compliance summaries from the program.
- Keep chain-of-custody paperwork for any drug test.
- Pair monitoring records with treatment attendance. See How to Track Court Compliance.
Legal note
24/7 programs are created by state law and run by local agencies. Whether one exists where your case is, and its rules, depends on the state and county. Only your attorney can advise you about a court order.
What ETS can and cannot do
Where Executive Treatment Solutions Fits
ETS coordinates alcohol and drug testing, monitoring and treatment records that your attorney may use. ETS does not run state 24/7 programs or decide violations.
Responsibilities
Who Does What?
Court
Orders participation and reviews disputes.
Program administrator
Runs testing and applies sanctions.
Defense attorney
Advises you and challenges results.
ETS
Coordinates testing and records.
Questions
24/7 Sobriety Monitoring: Frequently Asked Questions
Sources & Legal References
Confidential consultation
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ETS can coordinate testing and records while your attorney handles the case.
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