South Dakota 24/7 Sobriety Program: How It Works, What It Costs, and What Happens If You Miss a Test

South Dakota pioneered the 24/7 Sobriety Program in 2005, and it's now one of the most widely studied alcohol monitoring programs in the country. If you're facing a first-offense DUI — especially with a BAC of 0.17% or higher — there's a strong chance the court will order you into it. Understanding the daily mechanics, costs, and consequences before you start saves a lot of panic on Day One.

When the Program Gets Ordered

The 24/7 Sobriety Program can be imposed at several points in a DUI case:

• Pre-trial bond condition: The magistrate can require enrollment as a condition of your release, particularly if your BAC was 0.17% or higher, the arrest involved an accident, or you have prior alcohol-related contacts.
• Probation condition: The sentencing judge can order participation as part of a suspended sentence or a Suspended Imposition of Sentence (SIS).
• Restricted permit condition: If the court grants a restricted driving permit, 24/7 enrollment may be required before the DPS will process the permit.

For high-BAC cases (0.17% or above), enrollment is a mandatory condition of receiving court-ordered restricted driving privileges under SDCL 32-23-2.1.

Twice-Daily Breath Testing

The standard monitoring method requires you to report in person to your local sheriff's department twice a day, roughly 12 hours apart. Testing windows are typically:

• Morning: 5:30 a.m. to 8:30 a.m.
• Evening: 6:00 p.m. to 9:00 p.m.

You walk in, provide a breath sample via a preliminary breath tester (PBT), and leave. The entire visit takes a few minutes. The cost is $2 per day — paid as you go.

This is a seven-day-a-week obligation. No weekends off, no holidays. If your testing location is the county sheriff's office in a rural area, you're driving there twice a day, every day, for the duration of the order.

SCRAM Bracelet Alternative

If twice-daily reporting is impractical — long commute to the sheriff's office, work schedule conflicts, or geographic distance — the court may authorize a SCRAM (Secure Continuous Remote Alcohol Monitoring) ankle bracelet instead. The device continuously measures transdermal alcohol through your skin.

SCRAM costs:

• Activation fee: $40
• Daily monitoring rate: $6 (paid weekly at $42)
• Deactivation fee: $40

Over a typical 90-day monitoring period, a SCRAM bracelet costs roughly $620 compared to roughly $180 for twice-daily PBT testing. The convenience comes at a price.

Drug Monitoring Options

For drug-related DUI cases, the program uses:

• Transdermal drug patches: $40–$50 every 14 days
• Random urinalysis: $10 per test, plus a $45 lab confirmation fee if the result is positive

What Happens When You Miss or Fail

The 24/7 Sobriety Program follows a "swift, certain, and moderate" sanctioning model. One positive test, one confirmed tamper with a device, or one missed testing window triggers immediate consequences:

First violation: Law enforcement officers take you into custody on the spot — no warrant needed — for a mandatory 12-to-24-hour jail stay.

Subsequent violations: Subsequent violations are referred to the sentencing judge for potential bond or probation revocation.

The immediacy is the entire design philosophy. Former Attorney General Larry Long built the program around the idea that swift, short sanctions deter more effectively than the threat of a delayed, severe penalty.

Enrollment and Administrative Costs

When you're ordered into the program, you'll need to:

1. Report to the county sheriff's office and sign a 24/7 Participation Agreement
2. Pay the enrollment fee: $30–$40
3. Begin testing on the date specified in your court order

The program runs through the county sheriff's department. Testing locations, hours, and payment methods vary by county — confirm the specifics with your local sheriff's office before your first day.

The South Dakota First-Offense DUI Guide includes an SR-22 compliance calendar and a 24/7 program tracking worksheet to help you stay on top of daily obligations without missing a window.

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