06/23/2024
WHAT IS A โSCRAMโ BRACELET AND CAN IT GET ME OUT OF JAIL TIMEโ
By Attorney Dominick R. Welch
WHAT IS AN ALCOHOL MONITORING BRACELET?
The acronym S.C.R.A.M. stands for "Secure Continuous Remote Alcohol Monitoring". The device is an ankle bracelet that gathers data at the surface of the skin, including the presence of alcohol. The device is monitored by a trained professional via real-time data. Sometimes in remote areas, the device uploads when it tethers to the user's Wi-Fi. The professional monitors the data to ensure the person wearing the device does not consume alcohol. Generally, courts have found SCRAM bracelets are scientifically sound and that their evidence of alcohol consumption is reliable enough to be admitted into court proceedings.
WHAT ARE ITS MECHANICAL COMPONENTS AND OPERATIONAL LOGIC?
The SCRAM device has (3) sensors measuring:
(1) TEMPERATURE: Body temperature to make sure the device is touching the userโs real skin; it is also expected to increase when the transdermal alcohol sensor begins to sense alcohol, as a byproduct of ingesting alcohol is an increase in body temperature.
(2) SKIN ALCOHOL IN THE USERS SWEAT: Uses a transdermal alcohol sensor to analyze the userโs sweat for ethanol alcohol and its byproducts;
(3) TAMPERING: A โtamperโ switch showing if anyone has tried to open the device or take it off the userโs leg.
When the monitor sees a spike in the transdermal alcohol sensor, accompanied by a similar spike in body temperature, the two readings corroborate each other and give the impression the user is consuming alcohol. Lastly, it is common to see the tamper switch alert as the user often regrets drinking after it has happened or gets worried and tries to take the unit off.
WHAT ARE MOST NORTHERN CALIFORNIA COURTS USING SCRAM BRACELETS FOR?
SCRAM bracelets are used most often in criminal DUI cases. It is common for a Judge to order defendants with a high blood alcohol level (anything over .15%), a collision, or prior DUI offenses to wear SCRAM bracelets.
Alcohol-monitoring ankle bracelets provide a way for courts to oversee people who have been ordered to not drink alcohol WHILE THEIR CASE IS PENDING as a โBAIL TERMโ or as a part of their CONVICTION โSENTENCINGโ; however, they often do not replace jail time in its entirety.
In criminal cases, the court may use the SCRAM bracelet for two (2) purposes.
One, while on pre-trial (pre-conviction) release. Often this will be a condition of release in addition to treatment and bail. The Court may also order the defendant to wear the bracelet as a condition of probation. Often this is set for a specific period of time, often 60 or 90 days, but sometimes for as long as a year. During that time, the bracelet cannot be removed.
SCRAM bracelets are designed with several anti-tampering features. If the person tampers with the device or tests positive for alcohol, the court may terminate probation and the defendant may end up in a treatment facility, jail, or prison BEFORE they ever get a trial.
IS IT USED IN OTHER TYPES OF COURT CASES?
While this is the primary type of case that the court requires this type of monitoring, the courts may also order alcohol monitoring for parents in family court, people accused or convicted of domestic violence while drinking, children under the age of 21 who are caught drinking, and drug addicts who also use alcohol.
DOES IT REDUCE RECIDIVISM?
Most people successfully complete alcohol monitoring without incident. Studies have shown that wearing a SCRAM bracelet for at least 90 days when coupled with alcohol treatment, can reduce recidivism - the risk that a person convicted of driving under the influence will re-offend.
HOW MUCH DO SCRAM BRACELETS COST?
Alcohol monitoring can be pricey. Usually, defendants are charged a one-time installation fee ($50 to $100) and a daily monitoring fee (around $10 to $15), so monthly costs after installation can be between $300 and $450. However, that is a small price to pay for freedom and to stay out of jail while the defendant's case is pending in court. Some counties, such as PLACER COUNTY, have purchased their own supply of units so that defendants have no reason to not afford to put them on when ordered.
HOW CAN I FIND OUT IF THIS APPLIES TO MY DUI CASE?
Are you facing an accusation of Driving Under the Influence in Sacramento, Placer, or surrounding counties? Our Defense Team has an extensive background in DUI arrest and prosecution, including handling over 5,000 cases to completion.
Please, do not hesitate to call our office with any questions, or for a no cost consultation regarding your California DUI at (916) 865-4149.
