SCRAM Bracelets: How They Work and What To Do If They Fail

It’s bad enough that you’ve been ordered to wear a Secure Continuous Remote Alcohol Monitor (SCRAM) device. Still, you’ve complied and done everything you’re supposed to do. You haven’t had the slightest amount of alcohol. But your supervising officer tells you that your ankle bracelet indicates you did. Now what? How do you even fight something like that?

If you’re facing a false positive or another issue with a SCRAM bracelet, you’ll want to speak with a criminal defense lawyer. They can help you understand your rights and options so you can determine the best way to proceed.

In the meantime, this article explores the role these devices play in our criminal justice system, as well as some common defenses someone might assert to challenge an alleged violation.

Let’s begin by making sure we understand what different SCRAM devices do.

What Are SCRAM Bracelets?

A SCRAM bracelet is an electronic monitoring device designed to detect its wearer’s alcohol use or location. SCRAM Systems produces three main types of ankle bracelets:

• SCRAM Continuous Alcohol Monitoring (CAM) devices for alcohol
• SCRAM GPS devices for real-time locations
• SCRAM House Arrest devices for curfew and home confinement

SCRAM CAMs are the most common SCRAM devices. They’re often court-ordered for people convicted of DUI/DWIs (driving under the influence/while intoxicated) or other alcohol-related offenses.

As their name suggests, SCRAM CAMs are continuous alcohol monitoring systems. This is distinct from breathalyzers, which are generally used for random alcohol testing of someone’s breath to measure blood alcohol concentration (BAC).

How Do SCRAM CAMs Work?

SCRAM CAMs test for the presence of alcohol in the wearer’s sweat. The devices use a transdermal alcohol monitoring technology to detect ethanol vapor leaving the wearer’s skin. The presence of ethanol in sweat is an indicator of alcohol use.

Initially, the device begins collecting data on the wearer’s normal skin alcohol levels. This baseline calibration process aims to help distinguish between environmental exposures and actual alcohol consumption.

The devices then record data every 30 minutes, tracking how alcohol levels rise and fall. They transmit this data to monitoring centers at regular intervals.

If a bracelet detects alcohol consumption, analysts will review the data to confirm whether the alcohol concentration pattern matches a real drinking event (a gradual rise and fall in alcohol levels). If it does, the system sends notification of the SCRAM violation to the court, probation officer, or supervising agency.

What Happens When Authorities Receive a SCRAM Violation Report?

When the authorities receive a SCRAM report of alcohol use, they generally have some discretion as to what action to take. This may include:

• Warnings for minor, first-time violations
• Additional SCRAM monitoring tools
• Court hearings for probation violations
• Jail time for repeat or serious offenses

The exact consequences will also depend on the terms of the wearer’s court order or probation.

Can a SCRAM CAM Be Wrong?

Yes. While SCRAM ankle monitors are generally accurate, they’re not perfect.

SCRAM devices are designed to detect and prevent tampering. The CAMs are also supposed to be able to distinguish between drinking alcohol and environmental exposures.

Still, we sometimes see false positive readings from environmental alcohol and other variables. False positives occur when the device detects alcohol, but the wearer hasn’t had any.

What Causes a False Positive on a SCRAM CAM?

Various circumstances, including the factors below, can lead to false alcohol readings on SCRAM CAMs:

• Environmental alcohol exposure: Certain lotions, hand sanitizers, and cleaning supplies can trigger a false reading if they come into contact with the alcohol monitoring bracelet.
• Medications/personal products: Cough syrups, mouthwash, and other over-the-counter medications with alcohol may read positive on SCRAM alcohol monitoring bracelets.
• Device issues: Technical errors or improper calibration can also lead to incorrect readings.
• Skin conditions: Excessive sweating and certain skin conditions might also affect how the bracelet reads alcohol levels.

Although SCRAM uses a multi-point data analysis process to confirm alcohol consumption, false positives still occur.

Can I Challenge or Appeal a SCRAM Report of Alcohol Use?

Yes. You or your attorney can appeal a SCRAM CAM report of alcohol use, especially if you believe it was false. To begin the process, you’ll want to review the SCRAM report and request a hearing to dispute it.

Through discovery, your attorney can obtain the stored data to analyze the pattern and argue whether it truly reflects alcohol consumption. In some cases, they’ll bring in expert witnesses to explain how the SCRAM technology works and why the data may be unreliable.

Common arguments include:

• Environmental alcohol exposure
• Improper device function/calibration
• Inadequate documentation from the monitoring agency

If your appeal is successful, the violation may be dismissed or downgraded.

Getting Legal Advice

Each state has its own laws and guidelines regarding SCRAM CAM transdermal alcohol testing and monitoring. This is a highly data-driven area. But it can also be flawed.

If you need help challenging or obtaining the data reports for your alcohol monitoring device, consider reaching out to a criminal defense attorney licensed in your state.

You’ll be able to speak with them confidentially about your circumstances. They can explain your options under the laws of your jurisdiction. That way, you’ll have the benefit of informed decision-making before you take action.

FindLaw’s directory of criminal defense attorneys makes connecting with local law firms easy. Just click on your state, then city, to view contacts and ratings information for qualified legal advisors in your area, many of whom offer free consultations.

Give yourself some peace of mind at this consequential time. Connect with an advocate who can fight for you.