The 2007 Legislature authorized the Attorney General to establish a 24/7 Sobriety Program in one or more judicial districts of the state. The 2009 Legislature expanded the program statewide, adding participation in the program as a condition of parole & probation, and providing for a temporary restricted driver's license for purposes of participating in the testing.
Effective Date
The 24/7 Sobriety Pilot Program took effect
on January 1, 2008. Statewide implementation of the program was completed in August 2010.
The
Program
The program affects individuals arrested
for a second or subsequent DUI occurring on or after
January 1, 2008. Judges in the participating judicial districts
will, in the case of second or subsequent DUI arrest, issue
a bond order requiring the arrestee to refrain from alcohol
use and to show up twice each day between certain hours at a
specific location for a breath alcohol test. The individual
pays $1.00 each test ($2.00 per day) to offset the costs of
testing. If the individual's test registers any alcohol
use then he or she is immediately taken into custody. If the
arrestee fails to show for testing, bond is revoked. The court
may also order remote electronic alcohol monitoring in select
cases. Participation in the 24/7 program may be required as
a condition of parole & probation, for any violation where
drugs or alcohol may be involved, or in cases involving domestic
abuse, or abuse/neglect of a child.
ND 24/7 Program
Facts and Stats
- According to statistics from the ND Highway Patrol, in 2010, 54 of the 105 traffic deaths (52%) were alcohol related (see http://www.nd.gov/ndhp/safety-and-education);
- The Department of Transportation reports that of the alcohol related traffic fatalities in 2009, the average blood alcohol level of the driver was 0.169 – more than twice the legal limit (see ND DOT Crash Report, www.dot.nd.gov);
- DUI arrests accounted for one-fifth (20%) of all adults arrested in 2009 (see http://www.ag.nd.gov/Reports/BCIReports/CrimeHomicide/Crime09.pdf).
The
Results
Over 98%
of the individuals who are placed on the
24/7 Sobriety Program successfully complete it. In other words,
they don't drink, and they don't drink and drive.