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23.18.304    TESTING AUTHORIZED

(1) Except as provided in (3), a participant in the 24/7 sobriety program shall submit to alcohol testing through twice-daily breath tests on a preliminary alcohol screening test device.

(2) A participant who has been ordered to provide twice-daily breath tests shall report to the participating agency's testing location at two daily testing times approximately 12 hours apart.

(3) A participant alternatively may be ordered to submit to continuous remote transdermal alcohol monitoring on a continuous remote transdermal alcohol monitoring device. Factors to be considered include whether:

(a) a device is available;

(b) the participant is capable of paying the fees and costs associated with continuous remote transdermal alcohol monitoring;

(c) the participant is capable of wearing the device; and

(d) the participant does not qualify for twice-daily breath tests because of one or more of the following:

(i) the participant lives in a rural area and submitting to twice-daily breath tests would be unduly burdensome;

(ii) the participant's employment requires job performance at a location remote from the testing location and submitting to twice-daily breath tests would be unduly burdensome; or

(iii) the participant repeatedly has violated the 24/7 sobriety program while submitting to twice-daily breath tests and poses a substantial risk of future violation.

(4) A participating agency shall record all testing results in the data management system.

History: 44-4-1204, MCA; IMP, 44-4-1203, 44-4-1204, MCA; NEW, 2011 MAR p. 2033, Eff. 10/1/11.

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