Declarations

A Declaration is a written, sworn statement from Soberlink, signed under penalty of perjury, addressing a specific, disputed issue in a client's monitoring history. It gives the court a sworn, case-specific explanation, without the cost or scheduling of live testimony.

When to Request a Declaration

Common examples include:

  • A tampering event that is being disputed by the Monitored Client
  • A disputed positive result, such as a claim that mouthwash or hand sanitizer caused a positive reading
  • An account suspension tied to repeated non-compliance, where the reason for the suspension needs to be established for the court
  • A claimed device malfunction that is disputed, such as an RMA evaluation finding the device in working order

A Declaration is available to anyone listed as a Monitored Client, Concerned Party, or Contact on the Monitoring Agreement. If you are a legal professional and your name is not listed as a Contact, instruct your client to submit the request.

Some jurisdictions require statements submitted to the court to be notarized rather than signed under penalty of perjury alone. Where required, Soberlink will provide a notarized version of the Declaration.

Fees

There is a fee of $250 for a Declaration, which is the responsibility of the Requesting Party. Declarations are typically completed within 3–5 business days of Soberlink's receipt of the request and payment.

This fee covers the written Declaration only. If a matter requires Soberlink's declarant to testify or be deposed regarding the Declaration, standard testimony fees and terms will apply.

Request a Declaration

Requesting a Declaration is a simple process:

  1. Submit your request using the form below, describing the specific issue you need addressed.
  2. Our Compliance Department prepares and signs the Declaration.
  3. The completed Declaration is delivered to the Requesting Party electronically within 3–5 business days. If the original is needed, it can be mailed as well.

To help us evaluate your request quickly, please include:

  • The case name and case number
  • The Monitored Client's name
  • The specific test date(s), event, or pattern at issue
  • A brief description of what needs to be addressed and why

Looking for something else? Certified Records ($50) authenticate that Soberlink's data is accurate but do not interpret it. Testimony ($1,000+) provides comprehensive, live sworn testimony for complex or heavily contested cases.

Purpose
Authenticates date
Explains a specific disputed issue
Comprehensive, live sworn testimony
Cost
$50
$250
$1,000+ (virtual) / $3,000+ (in person)
Best for
Routine record submission
A focused, contested factual question
Complex or heavily contested cases
Turnaround
2 business days
3–5 business days
Subject to scheduling and availability

Frequently Asked Questions

Is a Declaration the same as an affidavit?
A Declaration is signed under penalty of perjury and, in most jurisdictions, carries the same legal weight as a notarized affidavit. Where a court specifically requires notarization, Soberlink can provide a notarized version upon request. Unlike Certified Records, which authenticate that Soberlink's data is accurate, a Declaration includes specific, case-related information addressing the issue in dispute.
Can a Declaration be used instead of testimony?
In many cases, yes. A Declaration can resolve a focused factual dispute without the need for live testimony. However, if the matter requires cross-examination or a deposition, standard testimony terms apply.
Who prepares the Declaration?
Declarations are prepared and signed by a member of Soberlink's Compliance Department with knowledge of, or access to, the relevant monitoring records.

If you have additional questions, contact our Compliance Team at [email protected].

Request a Declaration

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