SCRAM Violations caused by Alcohol False Positive
is an alternative to jail time in DUI cases
. It works by measuring the skin for the presence of alcohol through an ankle bracelet. Because of how it works, it shows a judge, or a probation officer, that the person has been sober, and abstained from alcohol during the time period that it is worn. SCRAM Violations caused by Alcohol False Positive can be defended against, however.
are supposed to be tamper proof. But it is not uncommon for persons wearing the devices to try to interfere with the device, by placing plastic wrap between the skin and the machine, lunch meats, like bologna, or lotions or oils.
Some persons facing a SCRAM alcohol reading in the past have claimed that cleaning products, or medicines (like cough syrup, which has alcohol), or working around alcohol caused a false positive for the SCRAM device.
In most cases, a term of the sentence or probation that avoids jail time is to have no SCRAM readings, or tamper with the device. A tampering is considered a false reading.
Judges, when dealing with false positive claims, are not terribly impressed with tampering claims by the prosecutors or probation when there lacks simultaneous evidence of drinking or an admission.
The way that a tampering issue comes up is that the IR (Infrared) sensor reports a change in the voltage reading outside of the variance for a period exceeding 8 hours. Readings are taken every half hour. The variance is supposedly unique to each bracelet and each individual. In one recent tampering allegation, the variance was about 15% from the running baseline voltage with a variance expressed in percentages as 12%. The baselines are set when the bracelet is first put on the client of the DUI lawyer.
As an Orange County DUI specialist, we receive a graph that shows transdermal alcohol present when they put the bracelet on a client, typically right after he or she leaves their probation office and gives a clean urine sample.
They give you a “report” about the alleged violation. The report looks impressive, but it’s only a piece of the puzzle. They give you chunks of data but not the whole thing. The best thing to do to handle SCRAM violations is to hire a consultant and send a subpoena to the manufacturer (the largest manufacturer for SCRAM is AMS), for all of the IR voltage data for the history of the instrument, and any error logs, an d all calibration and maintenance records.
As you might expect, the manufacturer sometimes pushes back on information requests. They don’t want their reputation to suffer with the court. Many manufacturers have an installer and “middleman” for the court or for probation.
Many installation companies have policies that guide an officer on how they decide what a violation is. Often, that is a criteria that differs from provider to provider.
Probation Officers usually try to help facilitate getting the data and can even subpoena engineers from AMS or elsewhere to testify b. Engineers will usually acknowledge that the data from one of the reports could have been consistent with a sock blocking the IR from the top of the instrument and slipping off – which might have been exactly what happened.
The IR sensor is located near the top of the SCRAM instrument
. If the wearer wears a sock – it could quite likely interfere with the IR voltage readings and trigger a tampering claim.
The witness testifying from AMS delivered the data and showed up with it at court. Of course, they brought it out in the middle of the hearing. The best approach was to have the engineer use the data as the key to tell the difference between instability of the instrument and an actual statistically-significant change in the IR voltage that is evidence of interference.
SCRAM Violations caused by Alcohol False Positive – A Win
The judge in that case told the client that there was no violation but the judge thought it would be a good idea to write an essay. He had to continue to wear the SCRAM as a term of DUI probation. Even with a finding of no violation he still had to write an essay. Accepting that was the lesser of two evils.
SCRAM Violations caused by Alcohol False Positive often can benefit from the use of an expert witness in a DUI case
. We usually ask our expert witness (a forensic analytic expert) to analyze the data. He plots it in no time flat (50 pages) in most cases. The IR sensor fluctuated wildly. Probation violation dismissed.