Alternatives to Jail Time for a DUI

A tamper-proof device that can detect alcohol in your sweat may be the key to avoiding jail time for Californians with multiple DUI convictions.

Alternatives to Jail Time for a DUIFor anyone who has been convicted of multiple California DUIs, jail time is a very real possibility.  The length of your potential jail sentence depends on a number of factors, including how many prior DUI and “wet reckless” offenses you have had in the past 10 years and your blood alcohol content (BAC) for this arrest.  If jail time is almost a certainty based on these factors, then it may be time to consider alternatives to going to jail.  A well-respected Santa Ana DUI lawyer may be able to negotiate alternative arrangements to prevent you from going to jail for a DUI conviction.

One Possible Alternative: the SCRAM Bracelet

In cases involving multiple prior DUIs, a judge may conclude that a particular person has a serious problem with alcohol addiction. A specialized device may be ordered for that defendant, as a way to ensure that he or she does not consume any alcohol — and does not drink and drive.

These devices are known as SCRAM bracelets.  SCRAM stands for Secure Continuous Remote Alcohol Monitor.  It is a tamper-proof device that is worn on an individual’s ankle.  It continuously monitors that person’s blood alcohol level, and can transmit these readings to law enforcement. Unlike breathalyzers or ignition interlock devices, the bracelet does not require the user to do anything; it simply obtains a sample of the wearer’s sweat and tests it for alcohol.  It is a form of “transdermal alcohol testing.” Typically, the sweat is tested every 30 minutes, 24 hours a day.  Any amount of alcohol would be detected and reported — which may result in the individual being sent to jail.  If a person tries to remove or succeeds in removing the bracelet, law enforcement will be notified — and the individual will likely go to jail. The SCRAM bracelet also works as a GPS device, so that if the wearer is under house arrest or restricted in where they can go, law enforcement can also monitor whether they have abided by those conditions.

Judges typically only order defendants to wear SCRAM bracelets if they are repeat DUI offenders, or if the defendant’s attorney and the prosecutor have reached a deal to avoid jail time. The device may be particularly helpful to anyone struggling to overcome an alcohol addiction, as the threat of jail time may be sufficient to help the wearer avoid drinking.

The cost of wearing and monitoring a SCRAM device is usually covered by the individual, unless he or she cannot afford to do so.  A judge can order that a defendant wear a SCRAM bracelet for any length of time, from 30 days to more than a year.  The amount of time that you are ordered to wear a SCRAM bracelet will depend on the number of prior offenses that you have, the circumstances of your current arrest, and the severity of your alcohol issue.

Advantages of a SCRAM Bracelet

While wearing a SCRAM device seems like an extremely heavy burden, it is often preferable to jail time for many defendants.  If you’re wearing a SCRAM bracelet, you can still work, go to school, or participate in family events.  You simply cannot consume alcohol — and the device may be helpful for those people who have addiction issues.

Going to jail or prison is a life-changing experience, and one that most people hope to avoid.  It can have significant consequences on your life, from losing your job to failing out of school or even losing your housing.  It can also negatively impact relationships with your family and loved ones.  While wearing a SCRAM bracelet is not easy, it is usually better than being incarcerated.

If you have multiple prior DUIs and have been arrested for another DUI offense, an experienced Santa Ana DUI lawyer may be able to negotiate an alternative to jail time, such as wearing a SCRAM bracelet.  While not for everybody, this device may be exactly what you need to help you get your life back on track and achieve sobriety.

At the Chambers Law Firm, we are skilled at finding alternatives to jail time and reaching deals with prosecutors on behalf of our clients.  Contact us today at 714-760-4088 or dchambers@clfca.com to learn how we can help you if you have multiple prior DUI convictions and are concerned about the possibility of going to jail.

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