Scram

A judge can order you to wear an ankle monitoring system called SCRAM as part of probation conditions for driving under the influence in California. The SCRAM monitors the alcohol intake and can monitor the location of offenders serving house arrest or probation if it is combined with GPS features. It is an offense to consume alcohol while wearing a SCRAM, and if you do, you will be recorded and reported to court. There are many penalties, restrictions, and costs linked with a drunk driving conviction. If you face DUI charges, you should contact an attorney to represent and guide you through the legal process. The San Diego DUI Attorney can help you fight the charges against you.

SCRAM Explained

SCRAM is an abbreviation for “Secure Continuous Remote Alcohol Monitoring. This is an ankle bracelet used by the court to monitor alcohol levels in drivers restricted from consuming alcohol. Most drivers convicted of DUI are not required to wear SCRAM bracelets. SCRAM devices are mandated for high-risk offenders. Once convicted of driving under the influence, the judge can order you to wear a SCRAM on a 24/7 basis. The judge can also order you to wear the device before conviction, like during pretrial release. In this case, you will be required to wear this device at any place, including in the bathroom. SCRAM is not only tamper-proof but also water-resistant.

DUI Laws In California

A SCRAM often acts as an alternative punishment to a jail term if the judge convicts you of multiple DUIs. It is therefore important that you understand DUI statutes in California. The police can arrest you for DUI under Vehicle Code 23152(a) if you operate a vehicle while alcohol has impaired your physical and mental abilities. If the prosecutor accuses you of violating VC 23152(a), he/she must prove that you were driving while impaired by alcohol. Some of the common signs of intoxication include the following:

• Driving erratically or swerving
• Smelling alcohol
• Watery, glassy, or bloodshot eyes
• Slurred speech
• Walking unsteadily with an uneven gait
• Failing the field sobriety and PAS tests

It is a crime under 23152(b) for you to drive with a blood alcohol concentration of 0.08% or more. It does not matter if you drove safely or have a high alcohol tolerance. If the prosecutor accuses you of violating VC 23152, he/she must prove these elements:

• You had a blood alcohol concentration of 0.08% or more
• You were operating a vehicle

You could also face DUI charges for operating a commercial vehicle with a blood alcohol concentration of 0.04% or more. The 0.04% limit is also applicable if you operate a passenger car for hire when a passenger is on board.

It is also an infraction under Vehicle Code 23140 if you are below 21 years and you operate a vehicle with a blood alcohol concentration of 0.05% or more. Additionally, Vehicle Code 23136, the zero tolerance laws, make it illegal for an underage person to operate a car with a blood alcohol content of 0.01% or more. Under VC 23136 and VC 23140 on underage drinking, you could be guilty of DUI even if you are not impaired.

The DUI Process

The steps you can undergo if charged with a DUI include:

• The police will investigate you once you are pulled over. They will check for intoxication signs, including whether you have bloodshot eyes or slurred speech
• The police will place you in custody after an arrest
• The DMV can suspend your license for up to 30 days
• You will be arraigned in court
• You will have a chance to hire an attorney
• Your attorney can file several pretrial motions, including a motion to suppress the evidence
• Your case will go to trial if it is not settled through a plea bargain. You can opt for a bench or jury trial if your case proceeds
• The court will sentence you if you are guilty of a DUI. Some penalties you could face include a jail term, fines, suspension of your driver’s license, and probation

How The Scram Device Works

Once the judge sentences you, he/she can order you to put a SCRAM around your ankle at all times. The jury can do this as part of your sentencing for violating DUI statutes. A SCRAM is an alcohol monitoring system that tests your sweat to measure the level of alcohol in your sweat. This is a strategy the court uses to ensure that you adhere to the abstinence order during probation. The good thing about a SCRAM is that it does not interfere with your daily activities.

A SCRAM is bulky and resembles a Garmin watch, but is larger and more robust than a watch. This device has two small boxes on both sides and uses transdermal alcohol testing and continuous monitoring systems to monitor a motorist’s blood alcohol. It rests on a motorist’s skin and analyzes their blood alcohol levels at preset times. The bracelet will assess the driver’s sweat for blood through a transdermal sensor. The device will record the driver’s readings at intervals of 30 minutes. A SCRAM will also record the date and timestamp any data gathered. It will then send the outcome through the system to the regional monitoring center at least once per day.

The driver will experience slight vibrations when the readings are being taken. A data expert will analyze the readings once the device transmits them to the local monitoring center. The expert will use the analysis to establish whether the motorist has consumed alcohol. He/she will send the outcome to the probation officer or the court. A SCRAM has no lights, alarm, or signal to notify the driver of an alert. Only the data center can receive the warning signal because it is the control center for all alerts before confirmation is forwarded to the probation supervisor.

A SCRAM has many sensors that detect any effort to remove or interfere with it. Any attempt to interfere with or remove a SCRAM will be entered into the daily monitoring report. The judge will impose severe penalties on you if these reports are forwarded to the court. You must wear the SCRAM device continuously, including during bathing. However, bathing is permitted only via showering; submerging the device in water is prohibited. Avoid submerging this device in water. If you immerse it in water, you could be guilty of interfering with a SCRAM. This offense can result in similar punishment to tampering with the device. Additionally, you will be liable for the damages caused to the device because of the immersion. This device often carries out diagnostic tests to keep functioning well.

When the driver takes alcohol, most of it is removed from the body in the form of urine, and the remaining is emitted through breath. Breathalyzers often use breath to test the alcohol level in the motorist’s blood. Consumed alcohol is metabolized by the liver, with small amounts excreted through sweat, which SCRAM devices can detect. A SCRAM can detect even small quantities with high precision and transmit them to the regional monitoring center.

Penalties For Violating The SCRAM Requirements

The court can impose severe penalties if a SCRAM records a positive reading. Some of the penalties you could face include:

• Extra jail time
• Loss of your pretrial release pending the determination of your case
• Charges of probation violation

You could also be forced to forgo some alcohol-containing products if the court orders you to wear a SCRAM. The judge will order you to sign an agreement during the installation of the device, which will prevent you from consuming alcohol-containing products. This commitment ensures that the motorist does not trigger false readings by applying these products to the device.

A SCRAM can differentiate between the alcohol taken by the driver and that in the air. Being exposed to air alcohol does not mean you have consumed alcohol. The data expert ensures that all positive readings are from actual alcohol consumption. You will be guilty of interfering with the proper functioning of the device if you deliberately expose a SCRAM to alcohol by spraying or spilling alcoholic products on it. The judge can impose a series of sanctions because of the interference. The regional monitoring center will be notified immediately if you remove or tamper with your SCRAM. The probation officer and the court will also be contacted immediately. You could face probation violation charges and severe repercussions if you interfere with or tamper with a SCRAM.

The Period Of Wearing A SCRAM

You will be expected to wear a SCRAM for a month to more than one year. However, on average, it can take a period that does not exceed 90 days. The duration will also depend on the following:

• Your DUI record within the last ten years
• The severity of your offense
• The opinion of the judge or the jury regarding the severity of your alcohol problem

Putting on a SCRAM cannot earn you credit because your SCRAM sentence does not involve confinement. However, some courts may consider it when assessing compliance or behavior. A motorist’s alcohol concentration can only be tested in other forms of DUI monitoring, like an ignition interlock device or breathalyzer equipment. A SCRAM is special because it monitors the driver’s consumption at all times. It also differs from a home confinement ankle device. A home confinement device monitors a defendant, but a defendant can go anywhere while wearing a SCRAM, provided the defendant adheres to the probationary terms.

People are Allowed To Wear A SCRAM

The purpose of a SCRAM is to detect alcohol content in the body. You should avoid taking alcohol if you are putting on a SCRAM. While not mandated for all DUI convictions, courts have the discretion to require SCRAM usage based on circumstances. The design of a SCRAM is intrusive, and only a few DUI defendants have to wear it. This device is often reserved for serious DUI cases, like alcohol addiction and multiple prior convictions. The court can order you to wear a SCRAM bracelet if absolute sobriety is part of the probation condition or an alternative to incarceration.

It is upon the judge’s discretion to decide whether you should wear a SCRAM because every DUI case is unique. Most judges make their rulings based on the defendant’s background. When the police arrest you for a DUI, they will conduct a background check for any violation of the law within ten years. Several previous DUI convictions show that you are poor at making decisions about drinking and driving. A repeat DUI offense is also a sign that you can cause a serious accident. The court can order you to wear a SCRAM if you have multiple prior DUI convictions. Multiple DUI convictions, especially if you commit a third or fourth DUI offense within ten years, can attract SCRAM monitoring.

A sign of alcohol addiction can also qualify you for SCRAM monitoring. Your alcoholism record can indicate alcohol dependency. Unsuccessful prior attempts at treatment for your alcohol-related issues can also reveal it. You can avoid incarceration if you voluntarily submit to a SCRAM. The court can also be persuaded that you are committed to seeking assistance for your alcohol issues.

A SCRAM is often used to monitor a person in the long term if part of their sentence for DUI was to stop drinking alcohol. You will be required to wear this device if you are restricted from drinking alcohol, particularly during probation for DUI. If your trial is pending, the judge will also order you to wear it temporarily. You must restrain yourself from alcohol for the whole period a SCRAM is on

Fighting SCRAM Readings.

For a long time, people have raised complaints about the SCRAM readings. The device has presented false positive readings on several occasions. A false positive is a situation where the device indicates that you have taken alcohol, yet you have consumed none.

The courts often believe that a SCRAM is scientifically reliable. A judge can allow you to fight against the evidence of alcohol in the blood or tampered results of a SCRAM in court. In this case, you can request a hearing to fight the SCRAM readings’ outcome. You can only fight SCRAM records by providing evidence of the device’s malfunction. In this case, you can claim that the device presented a false positive outcome. SCRAM results can be dropped if:

• You convince the judge that the prosecutor has insufficient evidence
• You present a witness who can prove that you did not consume alcohol

You should seek the services of a skilled attorney if you are accused of violating SCRAM requirements.

Advantages And Disadvantages Of A SCRAM Device

Many people consider a SCRAM an intrusive device. However, this device was developed purposely to help motorists stop drinking alcohol. Motorists who wear a SCRAM are those convicted of multiple DUIs and those addicted to alcohol. A SCRAM acts as an addition to rehabilitation instead of a jail term. It is a sentencing option whose aim is to rehabilitate an alcoholic but not punish them. You can be ordered to put on a SCRAM for a prolonged period to monitor your rehabilitation.

There will be no jail term, and your charges could be reduced if you agree to wear a SCRAM. You will be free to go to school, work, or other social events or engagements while wearing a SCRAM. provided you avoid alcohol. If you have been convicted of a third or fourth DUI within ten years, a combination of a SCRAM and rehabilitation can be the best option to a jail term. The Department of Motor Vehicles can also reinstate your license if you wear a SCRAM for a significant period, but the DMV will consider additional factors. However, you must provide sufficient evidence that you have observed sobriety. Sometimes, wearing a SCRAM for a long time can convince the judge that you have no extra issues and are committed to safety. This device can help you avoid incarceration, but it can also be a remedy for your alcohol addiction.

California authorities utilize SCRAM devices to reduce incarceration costs by monitoring DUI offenders outside of jail. It is also the best way of addressing any alcohol dependency, particularly if a SCRAM is combined with counseling and various medications. It prevents a motorist from drinking alcohol, thus preventing harm to other people.

On the other hand, there are several disadvantages of a SCRAM. One of the disadvantages is that you cannot consume any alcohol because you will be monitored by the court regularly. You could also be incarcerated if you are guilty of removing or trying to tamper with the device.

Continuous wear of a SCRAM device may cause physical discomfort.

Installation costs for the device range between $50 and $100. Daily monitoring fees typically range from $10 to $12. However, you will incur the cost based on your income. The court will meet the cost if you are jobless. Opting for the device may be preferable to serving a jail sentence.

A SCRAM can also give false readings, just like other equipment. This device can indicate a positive outcome if it detects any alcohol on the dermal layer of your skin. It will also record alcohol presence automatically if it detects alcohol in a topical application or sweat. Cleaning products, toiletries, perfumes, and mouthwash containing alcohol can present false positive results.

The Reasons Why A SCRAM Was Created

A SCRAM was developed purposely as an alternative to a jail term for motorists convicted of DUI. This was a deliberate effort by the authorities in California because of overcrowding in jails and the high cost of inmate maintenance. Accepting and promising to wear a SCRAM allows you to leave custody if you are convicted of a DUI. This strategy was also created to save the state money and create room for defendants convicted of more severe crimes.

It is upon the judge’s discretion to decide whether a SCRAM is an appropriate punishment for your DUI charges. If a driver is convicted of a third DUI offense, the driver can be sentenced or wear a SCRAM, depending on their DUI record and place of residence. The judge can order you to wear a SCRAM instead of a jail term because the device is designed to prevent DUI offenders from depleting jail space and funds.

Evolution of a SCRAM In California

A SCRAM has been used for decades in cases of individuals with serious alcohol issues. Currently, the authorities in California have created a new program purposely to keep people sober and consistently active in DUI rehabilitation programs. The program is specifically meant for individuals who are forced to get out of DUI rehabilitation for attending while under the influence.

You will be allowed to enroll in a DUI school and put on a SCRAM under the guidelines of this program. The purpose is to emphasize the importance of DUI rehabilitation programs and keep people sober in the classroom. The aim of the program is also to assist people in finishing the designated DUI classes rather than dropping out because of alcohol addiction. A person will be monitored closely for abstinence because a SCRAM will continuously monitor their drinking habits. Mandatory sobriety will help an alcoholic to overcome their alcohol dependency issues.

SCRAM devices are not limited to DUI offenses only. They are also used in domestic violence cases where alcohol is the primary contributing factor. A SCRAM would also come in handy in family court cases where parenting is a condition of child custody or visitation.

Find A Criminal Defense Attorney Near Me

If you face DUI charges, you should contact an experienced attorney to determine whether a SCRAM bracelet is an option. You should also contact an attorney if you are accused of violating the SCRAM requirements in California. At the San Diego DUI Attorney, we have committed attorneys who can help you fight against your DUI charges or SCRAM violation charges. Our attorneys will evaluate your DUI case and can help you negotiate for a SCRAM bracelet instead of jail time. Contact us at 619-535-7150 to speak to one of our attorneys.