Alcohol Monitoring (SoberLink)

Alcohol Monitoring / SoberLink

https://www.soberlink.com/

SoberLink is the most commonly used alcohol monitoring system in Family Law and is widely known and accepted by the Court.   The Court or Probation does not need to be involved, although oftentimes the Court may need to Order SoberLink before a parent will sign up for and use it.

SoberLink can be a good option in cases where our client has a history of alcohol use (especially recent use) and may otherwise not be allowed to have parenting time with the children, or that time would be very limited or supervised.

SoberLink can also be a good option in cases where there are significant concerns about the other party’s alcohol use, but our client wants to give the parent an opportunity to have parenting time or it seems like the Court will likely order some parenting time.

Ways SoberLink May Be Used

A few examples include:

• Ordered as part of a temp-relief hearing as part of a custody/divorce proceeding and then ending upon final order of the Court
• Ordered as part of a final, phased parenting time schedule. For instance, Phase 1 of the schedule is that the parent is on SoberLink for a period of 6 months with no violations and then SoberLink ends and they move to Phase 2 of the parenting time schedule.
• Ordered as a backup if there are concerns that a sober parent has started drinking again. For instance, the final divorce order awards parenting time to Mom every other weekend. However, if Mom has any new alcohol related charges or substantiated allegations of alcohol use, Mom’s time will be suspended she completes a new CD assessment and she sets up SoberLink to verify she is not drinking during their parenting time. After 6 months of compliance with SoberLink and no additional alcohol issues, SoberLink will end.

How Does SoberLink Work?

SoberLink sends the client a “discreet and portable breathalyzer.” A specific schedule of when the parent has to submit to alcohol monitoring (blow into the breathalyzer) is created by one party or both parties together. The testing can also be set to random. That schedule is sent to SoberLink. Client blows into monitor as scheduled and the other party gets notified of the results or gets notified if the other party doesn’t do the test.  The timeframe for which notification occurs depends on the type of plan you have with SoberLink.

 

Level 1 vs. Level 2

See website for more info, but generally speaking:

Level 1 – Parenting Time Only: This plan is not for daily testing and is focused on testing only when someone has the kids or before they have the kids.

Level 2 – Daily Testing: This includes a set schedule and usually 2-3 test per day per waking hours.

 

 

Monthly Monitoring Plans and Costs (as of 5/20/24)

 

Who Pays for SoberLink?

That would need to be clarified as part of the agreement or Court order for SoberLink. More often than not, the parent who is testing pays for it, but there would be situations where the non-testing party may pay or the cost would be split.

Helpful Documents/Links

https://www.soberlink.com/

Level 1 Sample Court Order: Level 1 Order Sample V10

Level 2 Sample Court Order: Level 2 Order Sample V7

A Guide for Setting Up Successful Alcohol Monitoring Schedules: SiberLink’s Level 1 – Parenting Time Only Program: A Guide for Setting Up Level 1 Program v1

Sample of Client Detail Report: Sample Alcohol Monitoring Evidence_ Understanding Soberlink’s Client Detail Report