SCRAM DiagramSecure Continuous Remote Alcohol Monitoring is one option for some of our clients. It is a very powerful mitigator that can be used to reduce the potential punishment in some cases. SCRAM is an intensive program that requires complete sobriety.  Even the smallest sip of alcohol will be caught by the device.

So How Does SCRAM Work?

When a person consumes alcohol, some of it is processed by the body, and some of it is released through the breath, through the skin, and through the urine.  This principle of a certain amount of alcohol being release by the body is used by the Intoxilyzer by measuring the breath, and the SCRAM system, which measures alcohol released through the skin.  Whenever alcohol is taken, then that means that  it will ultimately be released through the skin.  If a person tries to remove or disable the device, it will report the problem.  So it is vitally important that a person is able to stick with a program of sobriety.  Even if a person does not drink, there are other substances that can cause a false positive, such as mouthwash, or finger nail polish remover.

So Why Is It Worth It To Use SCRAM in a DWI Case?

With all of these requirements and drawbacks of continuous alcohol monitoring, why do people want to use it? Truth be told, for some of our clients it is not worth it, because it will not reduce the penalties that they could face. However, for some people who are going to be sentenced at a high level of punishment, SCRAM can be invaluable.  At the high levels of DWI, it can reduce or limit the amount to time that would have to be spent in jail.  For Level 2 sentencing, a judge can give 90 days on SCRAM, as opposed to time spent in jail.  A judge can credit up to 60 days of pretrial monitoring to this sentence.  By electing to have the device installed for 60 days, the defendant can increase the likelihood that the judge would sentence to continuous alcohol monitoring.  Getting on SCRAM is only useful if a person is able to maintain sobriety.  It could be counterproductive if someone is not able to go without drinking alcohol.