When alcohol use (or accusations of it) becomes a custody or parent-time issue, courts want two things: reliable measurements and confidence that the right person took the test. BACtrack and Soberlink both aim to deliver that, but they take different paths, and those differences can matter in litigation. This article will help you determine which device and services are the right fit for your particular case.
Soberlink is a self-contained handheld breathalyzer with a fuel-cell sensor, a built-in camera, automated facial recognition, and cellular transmission. In plain English: the device verifies identity at the moment of the blow, flags tamper conditions, and pushes results in real time without relying on the user’s phone. Soberlink also carries FDA 510(k) clearance for medical use, which helps when you’re laying a technical evidence reliability foundation. The company recommends swapping devices before 1,500 tests to maintain calibration continuity, and its logistics are set up to avoid downtime. soberlink.com+1FDA Access Data+1
BACtrack View is a different model: an app-based program that pairs a pro-grade Bluetooth breathalyzer to the user’s smartphone. During each test, the app captures a short selfie video, timestamps the result, and logs GPS. Pricing is transparent and substantially lower than Soberlink. Importantly for litigation, BACtrack’s “Pro” plan allows unlimited PDF reports and email notifications. While BACtrack as a company sells devices that appear on the National Highway Traffic Safety Administration’s (NHTSA) list of approved screening devices (e.g., BACtrack’s S80 and Element models), remember that “screening device” is not the same as an evidential breath tester; you’ll still need to prove reliability and proper use in your case. BACtrack View+2BACtrack View+2Department of Transportation
The identity problem is where these systems diverge most. Soberlink’s on-device facial recognition verifies who is blowing in real time and is coupled with device-side tamper sensing (temperature/airflow), which reduces the need for manual review of the unit itself. BACtrack View relies on app-captured video plus GPS and human review. In cooperative, lower-risk cases, that can be sufficient. In higher-risk scenarios or where the other parent is eager to attack the identity of the sample source, Soberlink’s automated verification tends to be easier to defend. soberlink.com
Connectivity also matters. Soberlink transmits over its own cellular link and can store and later upload tests if there is a lapse in cellular phone network connectivity, which avoids the “my phone died,” “I didn’t have service,” or “the app froze” excuses. BACtrack View inherits all the variability of the user’s phone and operating system; that’s manageable if your order squarely assigns responsibility for a charged phone and working data, but it’s a variable nonetheless. soberlink.com
Both systems use fuel-cell sensors and both are vulnerable to mouth alcohol from recent drinking, mouthwash, or even certain medications. That’s not a defect; it’s basic breath testing physiology. Your order should require a deprivation period (no eating, drinking, smoking, or mouth products) before any test and a retest window to wash out incidental exposure. Federal transportation guidance reflects the same principle: wait at least 15 minutes before any confirmation test to prevent artificially high readings from residual alcohol. Building that timing into your protocol avoids false positives and needless emergencies. FMCSADepartment of Transportation
On reporting, BACtrack’s Pro tier offers unlimited PDFs and notifications, which is the level you want if you’re going to file exhibits regularly. Soberlink’s reporting is designed for courts from the start and is widely used in family-law contexts. Either way, you will want to lock down in the court’s orders who gets alerts, how quickly, and in what format, and require production of device serial numbers and calibration records on request. BACtrack View
What about admissibility? Vendor pages will say “court-approved,” but in practice you’ll still lay foundation: authentication (who tested, identity verification method, chain of custody for the data), reliability (recognized fuel-cell technology; Soberlink’s 510(k) clearance and BACtrack’s NHTSA screening-device listings are helpful but not self-executing), and business-records treatment for the reports. None of that is onerous if you plan ahead. FDA Access DataDepartment of Transportation
Cost and fit are where you make the call. BACtrack View is typically the budget-friendly, fast-to-deploy option; good for early allegations, temporary orders, and cooperative parties, so long as your order mandates the Pro plan, video protocols, GPS on, and immediate retests on any non-zero result. Soberlink costs more but reduces points of attack: identity is automated, tamper sensing is device-side, and connectivity is independent of the user’s phone. In cases where unsupervised time or child safety turns on the results, that premium can be worth it. BACtrack View
Both systems can work if you write a tight order. Specify deprivation and retest timing, require continuous calibration and serial-number tracking, set alert paths and cure windows for technical failures, and define exactly what constitutes a “fail.” The hardware you choose matters, but your protocol is what makes the evidence hold up.
Utah Family Law, LC | divorceutah.com | 801-466-9277