Repeat DUI offenders often are court-ordered to alcohol or drug dependency treatment. In these cases, measures may be put in place to monitor a person’s use of drugs or alcohol, especially if they have been ordered to a period of sobriety. One such measure is called a Secure Continuous Remote Alcohol Monitoring device—also called a SCRAM device.
A SCRAM device is usually worn around the ankle, much like a monitoring bracelet worn by people on house arrest. The SCRAM device detects the amount of alcohol in a person’s blood stream by monitoring their perspiration. If a person wearing a SCRAM device consumes alcohol, the device will sense the alcohol through their sweat, and will immediately alert authorities via electronic signal. Much like the bracelets worn for house arrest, the SCRAM device may alert authorities if the wearer tampers with or tries to remove it.
In some instances, a judge may order a SCRAM device to be used in conjunction with an ignition interlock device, which is installed in a vehicle and prevents the ignition from turning until the driver unlocks the device by providing an alcohol-free breath sample.
If a judge orders a SCRAM device as part of a DUI sentence, there will be repercussions for violating the terms of that sentence. Tampering with or otherwise failing to comply with the terms of your SCRAM device sentence could result in further penalties. Many times, the judge may offer the SCRAM device in lieu of other penalties like fines or jail time; however, failure to comply with the terms of the SCRAM device may result in the imposition of those original penalties, including jail time, loss of driving privileges or more rehabilitative measures.
In the event of a “false positive” or inaccurate reading, the SCRAM device results may be challenged in court. However, you will generally have to provide support to the claim of a false reading, such as documentation or witness testimony.
DUI attorney Marcos Garza is well versed in all aspects of DUI law in the state of Tennessee, including the use of SCRAM devices, ignition interlock devices and other such alcohol-monitoring tools. If you are facing a DUI charge in Tennessee, call Mr. Garza and the Garza Law Firm today at (888) 680-7554 to set up a free case consultation.