“SCRAM Devices” in Las Vegas, Nevada DUI cases

A SCRAM device is an electronic monitoring bracelet that detects alcohol in your perspiration. Nevada judges require you to wear SCRAM devices in certain felony and repeat DUI cases as a condition of probation.

SCRAM devices can deliver false positives if they come into contact with gasoline or certain cleaning products. In these cases, we would analyze the device’s data and gather evidence to try to show that the device malfunctioned and that you should not have your probation revoked.

In this article our Las Vegas DUI attorneys discuss:

• 1. What does SCRAM stand for?
• 2. What is a SCRAM?
• 3. How do they work?
• 4. Do all DUI defendants wear SCRAMs?
• 5. When are they required?
• 6. How long do I have to wear it?
• 7. How much does it cost?
• 8. What happens if my SCRAM detects alcohol?
• 9. What if I remove it?
• 10. Can I go outside while wearing a SCRAM?
• Additional Reading

1. What does SCRAM stand for?

SCRAM stands for Secure Continuous Remote Alcohol Monitor.¹ SCRAM devices have been around since the 1990s.

2. What is a SCRAM?

A SCRAM bracelet — which is really an anklet — is a type of electronic monitoring device that tracks your alcohol levels. It is a tamper-resistant gadget that Nevada judges may order you to wear on one of your ankles for a specified period of time as a condition of DUI probation.²

3. How do they work?

SCRAM measures your alcohol levels through your sweat. Whereas DUI breath tests and blood tests measure blood alcohol levels (BAC), SCRAM measures transdermal alcohol levels (TAC).

Once alcohol gets absorbed in your bloodstream, it eventually exits your body via metabolism or excretion. Excretion occurs through:

• breath,
• urine,
• saliva, and
• sweat.

SCRAM detects “insensible perspiration,” which is an invisible ethanol vapor that expels through your skin. Only one percent of ingested alcohol leaves the body through sweat.

The device tests your alcohol content about every half hour. The device then wirelessly notifies the closest monitoring center of your alcohol content levels.³

SCRAM of Nevada

The company that provides this technology to most Nevada courts is SCRAM of Nevada. The official name for the device is SCRAM CAM (CAM is short for continuous alcohol monitoring). All but two U.S. states rely on these devices to monitor defendants ordered to stay sober.⁴

4. Do all DUI defendants wear SCRAMs?

No. If you are convicted of a first-time misdemeanor DUI, you will probably not be ordered to wear a SCRAM. However, if you are suffering from alcoholism and/or facing felony DUI charges, you are more likely to be ordered to wear a device as a sentencing term.

In short, SCRAM is a way to avoid jail while still being subject to alcohol monitoring. Learn more about Nevada DUI penalties.⁵

5. When are they required?

SCRAM devices are usually required if you are doing DUI Treatment Court (Moderate Offenders Program) or Felony DUI Treatment Court (Serious Offenders Program). DUI Court is a long-term rehabilitation program that permits you to avoid long jail or prison sentences and earn a charge reduction.

Judges can also order you to wear a SCRAM even if you are not in DUI Court. This usually occurs in the following cases:

• third-time DUIs,
• DUIs causing death or injury, or
• misdemeanor DUI cases where you have an alcohol addiction.⁶

6. How long do I have to wear it?

How long you have to wear a SCRAM device varies case-by-case. It can be several months or even years depending on the sentence.

Felony DUI Treatment Court can last from three to five years, for example. Though if you wear the device for a lengthy period of time without incident,you may be able to persuade the judge to lift the SCRAM order earlier.

7. How much does it cost?

You pay for all expenses associated with your SCRAM device. The following table spells out the typical costs in Nevada.⁷

8. What happens if my SCRAM detects alcohol?

If your device detects that you may have been drinking, the regional monitoring center will inform law enforcement. They will then seek out and arrest you.⁸

The court may then impose the jail sentence it had originally suspended. We can ask the court to excuse the violation or argue that the SCRAM malfunctioned and returned a false positive. Though it is up to the judge to determine whether to give you another chance to stay out of custody.

False Positives

SCRAM devices are not foolproof. They share the same flawed fuel cell technology as preliminary breath tests (PBTs), which is the first test that police administer during a traffic stop.

Like PBTs, SCRAM devices can give false positives if it comes into contact with either:

• cleaning alcohol (isopropyl),
• auto fuel (methanol), or
• detergent (cetyl alcohol).

Indicators for inaccurate device readings may include:

• warning messages about infrared distance between the tether and skin,
• warning messages about tether damage,
• warning messages about temperature, and/or
• alcohol interferents.

We would use this data to try to show the probation officer and judge that there is a logical explanation for the SCRAM’s elevated alcohol levels.

Hair Tests and Polygraphs

In some cases, you may wish to submit to a hair sample test: If your hair does not show the presence of alcohol, it could help prove the SCRAM device’s inaccuracy.

You may also take a polygraph test. If the machine does not detect a lie, that could also call into question the SCRAM readings.⁹

9. What if I remove it?

SCRAM bracelets that are meddled with will signal the regional monitoring center, which informs law enforcement. At that point, the police may arrest you.

The judge will probably revoke your probation and remand you into custody to serve out your suspended jail or prison sentence. You can ask the judge for a second chance, though odds are against it.

SCRAM devices are designed to stay on. Though with the right tools, it still may be possible to cut a SCRAM tether off. The tether’s sensors are always measuring your skin’s temperature as a way of checking that it is strapped to you.¹⁰

10. Can I go outside while wearing a SCRAM?

It depends on your case. Some DUI defendants are free to move about, some can only go to work and school, and others are placed on home confinement.

The SCRAM CAM model has an optional “house arrest” feature that monitors your location.¹¹

Additional Resources

For more in-depth information, refer to these scholarly articles:

• Effectiveness of contingency management using transdermal alcohol monitoring to reduce heavy drinking among driving while intoxicated (DWI) arrestees: A randomized controlled trial – Alcohol Clinical and Experimental Research.
• Emerging Technological Approaches for Controlling the Hard Core DUI Offender in the U.S. – Traffic Injury Prevention.
• Challenging SCRAM Continuous Alcohol Monitor Evidence as Unreliable and Insufficient – The Champion.
• The effectiveness of alcohol monitoring as a treatment for driving-while-intoxicated (DWI) offenders: A literature review and synthesis – Traffic Injury Prevention.
  
• Transdermal alcohol monitoring combined with contingency management for driving while impaired offenders: A pilot randomized controlled study – Traffic Injury Prevention.

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