Orange County DUI Lawyer Blog
As anyone who has been convicted of driving under the influence can tell you, the consequences definitely have a negative impact on one’s life. But, the consequences of multiple convictions will result in much more than just having a negative impact; it may, and usually does, result in jail time. How long depends upon several things such as 1) how many priors you have; 2) your blood alcohol level for this arrest, as well as the other; and 3) whether the priors are “priorable” meaning were they within the past ten years.
In a situation where the evidence in your most recent arrest for DUI is so overwhelming that a conviction is imminent, your defense attorney should begin to focus on alternatives to jail time. Because law enforcement and courts are cracking down on driving while intoxicated, they are demanding that multiple offenders be ordered to spend time in jail, or in some cases prison, depending upon the circumstances. One alternative to spending time in jail is “SCRAM” and could be the alternative to jail time if you have a good DUI defense attorney. Below is more information on SCRAM and how it works.
SCRAM stands for Secure Continuous Remote Alcohol Monitor. It is a high-tech monitoring tool used to track an individual’s alcohol consumption and is worn like a bracelet on the ankle of the individual being monitored. The individual wearing the bracelet can be monitored 24 hours a day, seven days a week. The bracelet is able to read the blood alcohol level and report those readings to law enforcement. The difference between a blood or breath test and SCRAM is that, unlike blood and alcohol tests, the bracelet can obtain a sample of the wearer’s sweat and can detect any alcohol that may be present in the person’s skin. While being worn, the wearer’s sweat is tested every half hour. Any amount of alcohol detected would be a violation in that those who are fortunate enough to wear the SCRAM bracelet in lieu of jail time are not allowed to consume any alcohol at all, regardless of how little they consume.
The SCRAM device is non-invasive in that it gets its readings from the sweat and skin of the wearer. It is worn 24 hours a day and is therefore monitoring the person 24 hours a day. When the device is taking a reading, the wearer may feel a slight vibration but otherwise can be worn quite comfortably.
The SCRAM bracelet is constructed in such a way that any attempt to remove it, temper with or interfere with it’s readings, will be detected and reported to whom ever the supervising agency is.
Even if you have heard of the SCRAM bracelet, what some people might not know is that the bracelet can detect your whereabouts. So, if you have been given house arrest, the bracelet can detect if you leave your home. All of the tests/monitored results are stored electronically and are made available to your supervising agent at any time.
While it may sound like big brother is constantly watching you, in reality, the main purpose of the SCRAM bracelet is to help you refrain from drinking alcohol. Most people who end up using this device are people who have a substance abuse problem and in an effort to avoid jail time, may find it extremely useful in their fight to overcome their addiction.
So if you have been arrested for DUI, and especially if it is not your first, consulting with an experienced DUI defense attorney is your best chance at finding an alternative to spending time in jail. A good defense attorney who has a good reputation and respectful working relationship with the District Attorneys and Judges in the County in which your case is pending, may be able to convince the District Attorney and/or Judge to allow you an alternative to incarceration.