Rule 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.Mont. Admin. r. 23.18.304
NEW, 2011 MAR p. 2033, Eff. 10/1/11.44-4-1204, MCA; IMP, 44-4-1203, 44-4-1204, MCA;