Legislature May Reexamine Forced Sobriety Program

ATTRACTION NOT COERCION –

August 25, 2021 – The law originally limited the program to people with a previous drug or alcohol conviction. But the 2019 amendment expanded the program to people accused but not convicted of such charges for the first time. Some defense attorneys argue the result is more jail time, including for those with no criminal history, which runs counter to the program’s original goal.

Sen. Tara Nethercott, R-Cheyenne, chairwoman of the Senate Judiciary Committee, said she supported the amended bill because it balanced public safety with allowing people to work and avoid incarceration — since people could be otherwise kept in jail awaiting trial. Other lawmakers were similarly enthusiastic.

In fact, between the House of Representatives and Senate, only one person voted no on the 2019 amended bill.

That person was Sen. Cale Case, R-Lander.

“I don’t want to be soft on drunk drivers,” said Case, who fancies himself as somewhat of a libertarian and who is notoriously called “Dr. No” by some of his colleagues for consistently voting against bills.

But Case, like critics of the program, wonders if the program is unconstitutional or violates civil liberties. Critics also question why people who haven’t even been convicted of an offense are forced to abstain from alcohol around the clock, even when they may not be a danger to public safety.