DWI: SCRAM Devices May Be Gaining Popularity

There are a variety of ways that law enforcement keeps DWI offenders under control. One method that is gaining in popularity is the SCRAM device. These small devices, most commonly seen in the form of ankle bracelets, measure an individual’s blood alcohol content (BAC) by monitoring their skin.

Secure continuous remote alcohol monitor (SCRAM) devices rely on what’s known as trans-dermal monitoring, measuring alcohol levels in skin surface sweat. The SCRAM ankle bracelet is most often used to meet the legal guidelines of court cases in which a judge has ordered an individual’s alcohol consumption to be monitored.

According to CBS 11 in Dallas-Fort Worth, those convicted of DWI are becoming very familiar with these bracelets. As retired Dallas County Criminal Judge Vickers Cunningham explains, “The SCRAM bracelet takes a test every 30 minutes, 24/7…” In other words, individuals who are wearing the bracelet will have their BAC constantly monitored. Recorded data is then made available to authorities online.

Although there is a lack of independent scientific research regarding the device’s accuracy, Alcohol Monitoring Systems, SCRAM’s manufacturer, points out that the device has advantages over traditional testing methods. Breath test technology is useful for immediate testing of someone suspected of DWI, and urine and blood analysis are also effective, but these tests are limited because alcohol is metabolized quickly. Because SCRAM ankle bracelets monitor at frequent intervals, they are able to overcome those limitations.

SCRAM or Jail Time?

In some cases involving DWI charges, the SCRAM ankle bracelet can sometimes be used as an alternative to jail time depending on probationary guidelines or the judge’s discretion. At least one anonymous man convicted of DWI in Dallas County wasn’t complaining about the device. Faced with four years in prison after his third DWI charge, the man was allowed to wear a SCRAM ankle bracelet instead. Having worn the device for two years, he claims to have completely abstained from alcohol, and that the device helped him return to work and regain his sobriety.

Others facing DWI convictions in the state of Texas might also find the alcohol monitoring bracelet preferable to some of the more traditional penalties that are often imposed. Besides a minimum of 72 hours of confinement, being in possession of an open container of alcohol carries an additional minimum six days of jail time, though persons convicted of a DWI can be sentenced to as many as 180 days in jail. Further penalties include a mandatory license suspension of 90 to 365 days and fines of $1,000 to $2,000 annually for up to three years.

Some of these penalties may be waived entirely under the terms of probation, but only if the conviction is the first DWI offense. Second offenses carry jail terms of up to a year, fines up to $4,000, and license suspension of up to two years. Those convicted of a third DWI offense are considered felons and face fines of up to $10,000 and prison time of two to 10 years, along with a license suspension of no more than two years. Those convicted of a DWI with a passenger under the age of 15 face fines of up to $10,000 and state jail time of up to 2 years.

Speak to an Attorney

If you have been charged with a DWI, it is imperative that you consult with a criminal defense attorney as soon as possible. You have legal rights and a lawyer will help you protect yourself and build your defense based on the circumstances of your case.