It is a sad but inescapable fact that divorce and child custody disputes often go hand in hand. When these situations arise, there are sometimes alcohol abuse issues concerning one of the parties and it’s here where remote alcohol monitoring can make a big difference.
More and more states are permitting home breathalyzers for monitoring parties during family court cases. If you’re facing a child custody battle, it’s worth asking your family attorney about how BACtrack View may be able to help. Generally, your attorney will need to file a motion for alcohol monitoring with the court, and they may not know about the option of BACtrack View.
The BACtrack View system is an invaluable tool for family law and child custody alcohol monitoring. Not only is it convenient and affordable, but the BACtrack View system uses BACtrack Mobile, smartphone breathalyzer that uses the same technology as police breathalyzers, so you can count on its accuracy.
Several family courts, particularly in California, have ruled that alcohol testing using blood cannot be compelled in child custody cases because it is too invasive and burdensome. It is true that alcohol blood tests require a person to travel to a testing center, have blood withdrawn via a needle, and then wait several days for results. Furthermore, alcohol blood tests can only capture a view of the previous several days. It’s not a good choice for continuous monitoring.
You can ask your attorney about the non-invasive option of BACtrack View. The BACtrack View system does not require any blood, is perfect for random and continuous monitoring, and results are instantaneous.
In general, the court will not pay for alcohol testing. Rather, the judge will decide which party will pay for testing or split the cost between both parties. BACtrack View provides an affordable option without an undue burden. You’ll receive a free BACtrack Mobile breathalyzer when you order the BACtrack View system. Best of all, the BACtrack View works with nearly all smartphone devices.
BACtrack View can be a great alcohol monitoring choice due to its affordability. The affordable cost may be a point your attorney can raise when petitioning the court for alcohol monitoring.
Many alcohol tests are not very accurate, and accuracy is a constant concern in family court. The BACtrack View system uses the BACtrack Mobile Breathalyzer, which has police-grade accuracy. In fact, it is the most accurate among any home breathalyzer available. This precise accuracy will even detect a few beers and is sensitive to within +/- 0.005 BAC.
BACtrack View Acts as an Impartial Observer
During child custody battles, judges will sometimes appoint an individual called a guardian ad litem. This person is often an attorney or social worker. The guardian ad litem is responsible for advocating for the child(ren) involved. They have no stake in the outcome of the proceedings, but they are there to ensure the best interests of the child.
BACtrack View can act in much the same way – as an impartial observer. You can trust the accuracy and objectivity of BACtrack View to provide a precise BAC result with each test. BACtrack View provides powerful and honest evidence for you, your attorney, and the court.
State Laws and Policies Regarding Alcohol Testing
Most every state has laws on the books that allow a court to order mandatory alcohol testing in certain circumstances. This can be constant, ongoing monitoring, temporary screening, or alcohol testing as a condition of child visitation.
The following is an outline of some selected state regulations concerning alcohol testing in family courts and see a full list of regulations by state.
Arizona: A party may petition the court to order random alcohol testing. If granted, the order is often carried out immediately, before the BAC has a chance to go down.
California: California Family Code section 3041.5 allows the court to order alcohol testing if there is evidence of alcohol abuse. It is interesting to note that in Orange County Family Court, blood alcohol and hair follicle alcohol testing cannot be compelled as these tests are considered too invasive. Since BACtrack View is completely noninvasive, it would make an excellent alternative.
Connecticut: Family courts in Connecticut can compel alcohol screening, counseling, and therapy.
South Carolina: South Carolina also allows attorneys to petition the court on your behalf for mandatory alcohol testing of the other party.
Texas: In Texas, a judge may order any party to undergo alcohol testing. Furthermore, the judge may order “surprise” testing, where the party must submit to screening before leaving the courthouse.
See the full list of state regulations concerning alcohol testing in family courts.
Disclaimer: The article above is for informational purposes only and does not constitute legal advice in any way. Consult a licensed attorney for legal help.