How Do I Prove I Quit Drinking? What is Continuous Alcohol Monitoring? What is a SCRAM Device and What Does it Do?
Continuous Alcohol Monitoring can be very helpful in court, especially in circumstances with Grossly Aggravating Factors – Danny Glover
How Could a SCRAM device help my case?
When it comes to a DWI court case, the ability to show the court any mitigating factors can be helpful.
A SCRAM (Secured Continuous Remote Alcohol Monitoring) device can be important in that:
- First confirms and then reports alcohol has NOT been consumed
- Relevant to Continuous Abstinence for a consistent, extended, and measurable period
- Sometimes referred to as CAM – Continuous Alcohol Monitoring
- Prove the non-consumption of Ethyl Alcohol 24 hours a day, 7 days a week
- SCRAM also confirm “No Tamper Events” and measuring properly
North Carolina General Assembly § 20-179:
What Can Cause SCRAM to Send an Alert?
- Consuming alcohol
- Clothing being between the bracelet and skin
- Tampering with the bracelet
- Using products containing ethyl alcohol – ethanol
- Close proximity to products containing drinking alcohol
If you are uncertain as to whether or not a SCRAM device would be helpful in your particular case, contact a lawyer for a free consultation. Although each case is unique lawyers are trained to spot potential factors that could help reduce or in some cases even dismiss particular cases.
Why Might a Judge allow for Continuous Alcohol Monitory / SCRAM instead of Jail?
What could improve my chances of being sentenced to SCRAM instead of jail time?
- Hiring a lawyer can help mitigate the sentencing
- Your blood alcohol level being under .15 when tested
- If this is your first DWI sentence
- If it has been several years since your last DWI
- Where you live (Some states are more open to using alcohol monitoring devices than others)
For More Information DOWNLOAD: DMV Procedures DWI Restoration SCRAM 051710
Modified Transcript of “What is a SCRAM Device and What Does it Do” for the Hearing Impaired
A SCRAM device is a device that you wear on your body and it continuously monitors your alcohol levels in your body. SCRAM stands for Secured Continuous Remote Alcohol Monitoring device, and you purchase that or lease that from a third-party vendor that any experienced DWI attorney is going to know who to contact for that, and that remotely reports your alcohol levels, and then there are certain alerts and notifications if you violate either a .00 tolerance or some other tolerance that’s been set for you. It’s helpful to show to the court or the prosecutor if you do it voluntarily ahead of trial, that you are serious about your sobriety. You are serious about not committing another driving-while-impaired offense.
Danny Glover is an experienced Criminal Defense Lawyer. He handles matters involving Impaired Driving DWI DUI in North Eastern North Carolina, including Elizabeth City.
DWI cases in North Carolina are complex. Conviction under N.C.G.S. 20-138.1, even for a first offense, can be very serious. Prior to sentencing, the Court is required to conduct a Sentencing Hearing where different “factors” are considered.
What are the “Factors” Considered by the Court?
The Judge takes into consideration:
- Grossly Aggravating Factors
- Aggravating Factors (there is a difference)
- Mitigating Factors
Grossly Aggravating Factors are set by the North Carolina General Assembly.
They include things like prior convictions of Impaired Driving, Revocations Due to Impaired Driving, Accidents Resulting in Serious Bodily Injury and Children in the Vehicle at the time of the incident.
Do Courts Consider CAM Continuous Alcohol Monitoring or SCRAM Secured Continuous Alcohol Monitoring?
Continuous Alcohol Monitoring and use the associated technologies will likely continue to grow in the Courts of North Carolina. In addition to serving to prove abstinence to the Court for sentencing purposes on DWI Impaired Driving cases, it may be a factor Judges use in setting forth terms / conditions of release for bond.
As Judges, Prosecutors, PO Probation Officers and Criminal Defense Lawyers become more familiar, and hopefully to some extent, comfortable with the technology, the use of alcohol monitoring may eventually be ubiquitous.
Ignition Interlock Devices that prevent vehicle operation, and report violations to DMV and potentially the Court, do not indicate or prove absolute abstinence from consuming alcohol. And while treatment, Alcoholics / Narcotics Anonymous, (AA/NA), sponsorship and meeting attendance records are helpful, they are not perfect.
The ONLY real proof on non-consumption is 24/7 monitoring using a device that measures, via a trans-dermal sensor, alcohol. Some of the newer Continuous Alcohol Monitoring devices alsohave the ability to report geo-metrics such as location.
What Does SCRAM Look For?
As indicated in the graph above, monitoring involves tracking three primary criterion:
- Temperature – Confirming nothing has been placed between the sensors and skin
- IR Voltage – Confirming contact with the subject and that device has not been cut off
- Alcohol Content – Indicating the difference between consumption of an alcoholic beverage and a “false positive” result, due to being in close proximity to ethyl alcohol.
See Related Article: Expanded Use of Continuous Alcohol Monitoring
Call Danny Glover:
There are more factors and the process can be complicated. It makes sense to talk to an attorney.
Danny Glover is available for consultation on criminal and civil matters involving DWI Impaired Driving, DMV Revocation / Restoration proceedings, Pre-Trial Limited Privileges and post conviction Limited Driving Privileges in North Carolina.