Did you know that there are devices used to test someone if they've been consuming alcohol during the day, or more importantly, while they are driving? There are many scary statistics that you read about as they relate to drinking and driving. Anything that relates to how many people die in a single day due to drunk-driving crashes, or how many people are pulled over in general for driving while under the influence. There are now devices that can help stop this from happening, and one of them is known as the SCRAM Cam Alcohol Monitoring System. We want to educate you about this as it relates to DUI/DWI charges in the state of New York.

In this blog, we will explain how the SCRAM Cam Alcohol Monitoring System works and how it affects DUI and DWI charges in New York State if you're arrested.

What Is The SCRAM CAM Alcohol Monitoring System?

How does this system work? Let's start with that big acronym! SCRAM CAM stands for Secure Continuous Remote Alcohol Monitoring. Lots of different ankle bracelets have specific functions. The SCRAM CAM is meant to detect if alcohol has been consumed, and it does this through what's called transdermal alcohol testing. 

As it's stated on their website, “ It measures ethanol vapor and sweat that diffuse through the skin surface to estimate blood and breath alcohol levels continuously without requiring active user input.” In comparison to what a breathalyzer does when you test for your blood alcohol content, the SCRAM CAM is going to collect data from your consumption throughout the day and night at all times (around every 30 minutes).

Its readings may help identify and evaluate suspected drinking events, but they do not directly establish a person's blood alcohol concentration while driving or independently prove that the person was legally intoxicated at a specific time. The data must be interpreted in context. This is what separates it from a standard blood test. If you want to learn more about this bracelet, go to their SCRAM CAM website to read up on other details!

New York State DWI Cases Where SCRAM CAM Is Required

The SCRAM CAM is primarily used for people who are under court-ordered or legally supervised alcohol monitoring. It does not automatically mean someone is a repeat DUI offender, although people with multiple DUI convictions may be required to wear one. Here are a few reasons why someone may find themselves required to use a SCRAM CAM alcohol monitor:

• Conditions of Criminal Probation or Parole

• Pre-Trial Release and Bail Conditions

• High-BAC or Aggravated and Repeat DWI Offenses

• Specialized Court Program Mandates (e.g., Drug & Alcohol Courts)

• Alternative Plea Bargain Agreements

• Family Court Supervision and Custody Disputes

In some cases, a first-time offender may be required to wear one while awaiting trial or as part of a sentence.

One such case example that relates to this is People v. Hakes, 32 N.Y.3d 624 in 2018. In this case, the New York Court of Appeals upheld a sentencing authority to require SCRAM CAM monitoring as a condition of probation under New York Penal Law § 65.10. The defendant, however, was sentenced to incarceration followed by probation. His probation required him to wear and pay for a SCRAM bracelet. After he stopped paying and the bracelet was removed, the court revoked his probation and imposed a prison sentence.

If you are a resident of Erie County or throughout the multiple regions of Western New York, this means that a court can use alcohol monitoring as a condition of supervision when it is legally appropriate to do so. Important detail, but SCRAM CAM is not required in every DWI/DUI criminal case. There are a handful of different circumstances that would allow for it to be required, but in general, it's not automatic. 

The Difference Between the SCRAM CAM and Ignition Interlock Device

Another form of a device, as it relates to drinking and driving, is called the Ignition Interlock Device. It's installed in a vehicle and measures your blood alcohol content and stops you from starting the car if you have been drinking. Both the SCRAM CAM and the interlock device work differently for their own purposes. Here are some of the main differences in each:

• The purpose of a SCRAM CAM bracelet is to monitor consumption of alcohol with the requirements of abstinence (self-enforced restraint), while the interlock device focuses on stopping a vehicle from being driven

• The differences in what each analyzes: the interlock device analyzes your breath; the SCRAM CAM analyzes perspiration

• When the devices are both operating, the interlock device operates only when the vehicle is in use, and the SCRAM CAM monitors around the clock, all day

• The legal requirements of each: the interlock device is required for a qualifying misdemeanor and felony DWI conviction (including as a condition of probation or conditional discharge), while the SCRAM CAM is for an authorized condition of supervision 

For more information on the Ignition Interlock Devices, read on the New York State Senate website and the Unified Court System website!

Why Having Legal Representation Matters For These Cases

For criminal cases like these, you will need great legal representation! A DWI and DUI charge takes a lot of expertise and knowledge of the legal system to make sure you're well prepared for the circumstances of a SCRAM CAM bracelet being used. An experienced lawyer will make sure the condition of monitoring was legally imposed and that no noncompliance allegations come forward. 

If you're facing charges for a DWI/DUI in Buffalo or other surrounding areas of Western New York, we want to make sure you're educated on this before you reach out for help. If you have any other questions about this topic or are in need of a defense, give us a call or reach out to us through our contact form, and we will be in touch!

DISCLAIMER: PAST RESULTS DO NOT GUARANTEE FUTURE RESULTS. THIS IS NOT LEGAL ADVICE. DANIEL DUBOIS AND ANY DUBOIS LAW ATTORNEYS ARE NOT YOUR ATTORNEYS UNLESS RETAINED. INFORMATION SHARED HERE IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. EACH CASE IS UNIQUE AND IS DECIDED BASED ON ITS OWN FACTS AND MERITS AND CANNOT BE COMPARED TO OTHER CASES WHICH MAY HAVE HAD DIFFERENT FACTS AND CIRCUMSTANCES.