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DUI / DWI

alcohol ankle monitor

An alcohol ankle monitor—also known as a SCRAM (Secure Continuous Remote Alcohol Monitor)—is an ankle bracelet consisting of two small boxes secured by a strap and worn 24 hours a day. A SCRAM monitors perspiration on the skin for alcohol content—similar to the way a breathalyzer test measures blood alcohol concentration. A SCRAM is tamper-resistant and if a person attempts to remove or tamper with it, the tampering will be detected and reported through the remote monitoring service.

A person who is out of jail on bond awaiting a DUI/DWI trial may be ordered to wear a SCRAM. And a person who has been convicted of a DUI/DWI criminal offense may be ordered to wear a SCRAM for some period of time—as a condition of probation, for example. A person convicted of a DUI/DWI criminal offense may also volunteer to wear a SCRAM in an effort to reduce the severity of the sentence.

In Texas, a SCRAM (Secure Continuous Remote Alcohol Monitor) device is used as a form of monitoring for individuals who have been charged with or convicted of DUI/DWI offenses. The courts may require the use of a SCRAM as a condition of bond for those awaiting trial on DUI/DWI charges, ensuring that they abstain from alcohol consumption. Additionally, SCRAM devices can be mandated as a condition of probation for those convicted of such offenses. The use of a SCRAM may also be voluntarily chosen by an individual in an attempt to demonstrate sobriety and potentially mitigate the severity of their sentence. The device is designed to detect any attempts at tampering and will report such incidents through its monitoring service. The regulations surrounding the use of SCRAM devices are part of the broader legal framework aimed at preventing repeat offenses and ensuring compliance with court-ordered sobriety.


Texas Statutes & Rules

Federal Statutes & Rules

18 U.S.C. § 3563 - Conditions of probation
This statute is relevant because it outlines the authority of courts to impose conditions on individuals who are placed on probation, which can include the use of electronic monitoring devices such as SCRAM.

Under 18 U.S.C. § 3563, a court may sentence an individual to probation instead of imprisonment. The statute provides the court with the authority to impose certain conditions that the defendant must comply with during the probation period. These conditions are intended to ensure that the defendant leads a law-abiding life or to assist the defendant in doing so. The conditions may include requirements such as remaining within the jurisdiction of the court, reporting to a probation officer, refraining from excessive use of alcohol or any use of narcotic drugs, and undergoing available medical or psychiatric treatment. Additionally, the court may require the defendant to submit to periodic drug testing or to participate in a drug treatment program. The use of electronic monitoring devices, such as SCRAM, can be mandated by the court as a condition of probation to monitor compliance with restrictions on alcohol consumption.

18 U.S.C. § 3142 - Release or detention of a defendant pending trial
This statute is relevant because it governs the conditions under which a defendant can be released or detained while awaiting trial, which may include the use of electronic monitoring devices.

18 U.S.C. § 3142 provides the criteria for the release or detention of a defendant pending trial. The court must determine whether the defendant can be released on personal recognizance, on bail, or must be detained. The statute outlines factors the court must consider in making this determination, including the nature and circumstances of the offense charged, the weight of the evidence against the defendant, the history and characteristics of the defendant, and the nature and seriousness of the danger to any person or the community that would be posed by the defendant's release. If the court decides to release the defendant, it may impose conditions to reasonably assure the appearance of the defendant for trial and the safety of the community. These conditions can include restrictions on travel, association, or residence, and may also include the requirement for the defendant to wear an electronic monitoring device such as a SCRAM to ensure compliance with conditions related to alcohol consumption.

23 U.S.C. § 410 - Alcohol-impaired driving countermeasures
This statute is relevant as it provides incentives for states to adopt and implement effective programs to reduce driving under the influence of alcohol, which may include the use of SCRAM devices.

23 U.S.C. § 410 encourages states to implement alcohol-impaired driving countermeasures by providing grant funds to states that adopt and implement effective programs. The statute outlines the criteria and requirements states must meet to qualify for these grants, such as having mandatory alcohol-ignition interlock laws for all individuals convicted of alcohol-impaired driving offenses, conducting high-visibility enforcement efforts, and having a comprehensive plan to address the issue of driving under the influence of alcohol. While the statute does not directly mandate the use of SCRAM devices, the funds provided can be used to support the implementation of monitoring technologies, including SCRAM, as part of a state's overall strategy to reduce alcohol-impaired driving.