UTAH DUI ATTORNEY JAKE GUNTER–CALL/TXT (801) 373-6345Utah County, Salt Lake County and Davis County have all rolled out the 24/7 DUI Sobriety Program. The purpose of the 24/7 DUI sobriety program is to incentivize people to stay sober. It is only for DUI like charges and requires twice daily alcohol testing. Successfully entry into the program can save your driver’s license and keep you out of jail. Positive alcohol tests will put in you in jail—on the spot.
Who is Eligible?
People charged with certain listed offense, mostly DUIs, 1st and 2nd offense.
What Charges are Eligible for the Program?
DUI like convictions are eligible for the program. Specifically eligible “convictions” are defined at 41-6a-501(2) as:
(i). DUI under Section 41-6a-502;
(ii). Impaired Driving under Section 41-6a-502.5;
(iii). Drugged driving. Metabolite driving with any measurable controlled substance that is taken illegally in the body under Section 41-6a-517;
(iv). Boating DUIs. Utah Lake, Salt Lake, Strawberry, etc.
(v). Negligently operating a vehicle resulting in death under section 76-5-207;
(vi). DUI causing death or serious bodily injury.
(vii). Negligently operating a vehicle resulting in injury under Section 76-5-102.1;
(viii). Refusing a breathalyzer. Refusal of a chemical test under Subsection 41-6a-520.1(1); or
(viv). Federal land DUIs. Some national parks, reservoirs, post offices, etc.
Violations for Missing/Testing Positive
The Utah County Sheriff has posted the following sanctions for missing a test or testing positive.
“If you commit a violation of the program rules. A sanction will be imposed immediately. Sanctions for positive test violations are as follows:
1st Violation: 1 day Work Diversion commitment.
2nd Violation: 2 day Work Diversion commitment.
3rd Violation: 24 hour immediate jail commitment.
4th Violation: Taken into custody to facilitate a court appearance, may be removed from the program.
Please note that reporting late for testing may be considered a missed test.”
The Utah Highway Patrol administrative rule for sanctions states:
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.
(2) 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.
Utah’s 24/7 DUI Sobriety Program Requirements
The basics of Utah’s 24/7 sobriety program is twice daily alcohol testing or chemical ankle monitoring—SCRAM. You either test twice per day, morning and night in-person, or have an ankle monitor that can detect alcohol use. Testing is currently at the county jail.
First DUI/Alcohol Offense: 30 days of testing.
Second DUI/Alcohol Offense: 12 months. See Utah Code 41-6a-515.5(4)(d).
Prosecutor Agreement: Sometimes the prosecutor may require more than the statutory testing requirements.
How to Get Into Utah’s 24/7 Sobriety Program
You must get judge approval to enter the 24/7 program. Law enforcement can’t force you into the program. The prosecutor or your defense attorney can ask that you be placed in the program.
Benefits of the 24/7 Program
The Human Aspect (Most Important Aspect). Getting people sober is a great thing. This program really forces (or tries) to force people to stay sober for long enough to break the cycle. 30 days and 12 months for
2nd DUI convictions really gives people a good chance of staying sober.
Driver’s License. You keep you driver’s license upon successful entry into the program. If you fail the program, you lose your license. Normal DUI license suspension periods are 120 and 18 months.
Avoid Jail. DUIs carry mandatory jail terms which can be avoided with successful entry into the program. You fail the program, you are going to jail.
(1). Utah 24/7 Sobriety Program. Utah Code 41-6a-515.5.
(2). Definition of Qualifying “Conviction” for purposes of 24/7 Program. 41a-6a-501(2).
(3). Utah County Sheriff. Salt County Sheriff. Davis County Sheriff.
(4). Utah Highway Patrol Administrative Rule 24/7 Sobriety Program. R714-510. 24-7 Sobriety Program.
