Defending DUI Cases Involving Remote Breath Alcohol Monitors in San Bernardino County

What Are DUI Alcohol Remote Monitoring Devices?

After a DUI arrest, the judge or prosecutors for the case may be concerned that the defendant will continue their habit of excessive drinking while out of custody, which may make them a danger to other motorists on the road. Such concerns are widespread in DUI cases where the drivers had extremely high blood alcohol content levels or for those with prior DUI convictions. In such instances, the courts may require the defendant to wear a remote alcohol monitoring device while the DUI case is still pending to ensure that the defendant does not drink any more alcohol.

These remote alcohol monitors are a form of alternative sentencing for DUI cases. Essentially, instead of facing the prospect of jail time, the defendant may opt to wear an alcohol monitoring device, which would show a judge that the defendant is sober, thus solving the underlying problem.

In some DUI cases, alcohol monitoring can sometimes give the same credit for being in jail. This is a beneficial alternative, particularly in DUI cases where jail time is otherwise considered mandatory. However, these alcohol monitoring devices have drawbacks, and some defendants have valid complaints about them.

What is a SCRAM Device?

The state of California uses the SCRAM device to monitor alcohol consumption in DUI cases. SCRAM stands for secure continuous remote alcohol monitors. This remote alcohol monitor is a tamper-proof device worn around the ankle. The remote SCRAM device monitors alcohol consumption, which can be detected via the individual’s skin. Those who consume alcohol are known to secrete small amounts of alcohol in their sweat, and the SCRAM device will be able to tell that the person has been drinking by monitoring alcohol and sweat. The SCRAM device tests its subjects at least once an hour and then wirelessly transmits the results to a remote monitoring center for analysis.

If an individual tests positive for alcohol or attempts to tamper with or remove their SCRAM device, the courts will be alerted, and the person may be taken into custody.

The SCRAM device is waterproof, meaning it can be worn at all times, including in the shower. In cases where the defendant is sentenced to house arrest instead of prison time, the court may order a SCRAMx device, which monitors BAC levels and the individual’s exact location.

Many people complain that these devices can be uncomfortable to wear and that simple adjustments of the device on the ankle could be interpreted as attempts to tamper with the device and then treated as a violation. Additionally, these devices can be challenging to conceal, making things uncomfortable, especially in a place of employment. While the courts may pay a portion of the cost for a SCRAM device, defendants are usually required to bear the burden of most of the cost to purchase the device.

SCRAM devices have also been criticized as being dangerous, particularly for defendants who are severe alcoholics and are now forced to quit ‘cold turkey.’ Also, certain alcohol-based products, including mouthwash, can sometimes set off the devices.

When Might the Courts Require a Remote BAC Device?

SCRAM devices are used in criminal cases where defendants are ordered not to consume alcohol or as some condition of probation or house arrest. Additionally, a criminal court judge may order alcohol monitoring remotely for repeat offenders or drunk drivers with an alcohol dependence or addiction.

Examples of other cases where the courts may order a SCRAM device include the following:

• As a condition for pretrial supervision, bail, or early parole
• Drug court
• Military diversion programs
• Supervision and support for reentry programs
• Underage drinkers
• As a condition of release or probation for domestic violence offenders

The length of time that a DUI offender should be expected to wear a SCRAM device will depend on the severity of their criminal offense. Additionally, factors such as prior convictions, alcohol dependency, and a criminal record can also influence the length of time that the offender may be forced to wear a remote alcohol monitor. You may be sentenced to wear a SCRAM device for months or years.

How Do SRAM Devices Compare to Ignition Interlock Devices?

In many DUI cases, the courts may order drunk driving offenders to install ignition interlock devices (IIDs) in their motor vehicles as a penalty for driving under the influence in California. An ignition interlock device prevents a motorist from driving while intoxicated. The IID will lock the car and prevent it from starting if the driver has any alcohol in their breath when they breathe into the device.

One advantage of SCRAM devices over IIDs is that an IID does not prevent someone from consuming alcohol. Instead, the IID only prevents someone from drinking and driving. In cases where there is concern about the defendant consuming any amount of alcohol, the court may order a SCRAM device instead of an IID.

What Are Potential Legal Defense Strategies Against DUI Charges?

If you’ve been arrested for driving under the influence in San Bernardino, you must seek profesdriving under the influenceional legal assistance to defend your case. In California, DUI offenses can be faught in many ways, and your lawyers will use the available evidence to build a strategic defense.

Common defenses to DUI charges in California include the following:

• Challenging the legality of the traffic stop that led to the arrest
• Arguing against the accuracy of blood tests
• Contesting field sobriety tests and alerts sent by SCRAM devices
• Questioning the results of blood alcohol concentration tests
• Alerting the courts of a medical condition that could cause a false positive test result

Contact our California law firm to schedule a free case review with our experienced legal team today.

Schedule a Free Consultation with Our Experienced DUI Attorneys Today

If you’ve been charged with a drunk driving offense or you have a history of alcohol abuse, you may qualify for remote alcohol monitoring as an alternative to a jail sentence. Sometimes, convincing judges that defendants deserve alternative sentencing options instead of jail time may be difficult. With the help of experienced DUI defense attorneys, it is possible to argue for alcohol monitoring as a viable option instead of a lengthy prison sentence.

Our San Bernardino, CA, law firm has extensive experience representing DUI offenders, including those who request to wear SCRAM devices or are forced to wear such devices. As your legal representatives, we will pursue the most optimal outcome for your DUI case.

To learn more about the benefits of retaining professional legal counsel, contact our San Bernardino law office to schedule your free initial consultation today. Call us at 909-500-4819.