Proposed Legislation Would Require Alcohol Monitors for DWI Probation

April 02, 2011

Senate Bill 232 -- introduced in November by state senator Jane Nelson and currently being debated by the Criminal Justice Committee of the Texas State Senate -- recommends that every person put on probation following a conviction of driving while intoxicated (DWI) wear an alcohol-sensing monitor.

The most common of these monitors is known as a secure continuous remote alcohol monitor (SCRAM). SCRAM bracelets -- manufactured by Alcohol Monitoring Systems, Inc. -- have gained notoriety due to high-profile DWI cases involving Hollywood celebrities. They are the most common type of topical alcohol monitoring system.

SCRAM bracelets work by using extremely sensitive monitoring equipment to sense minute amounts of alcohol detected through the wearer's skin. They also monitor attempts to tamper with their operation or remove them. They are proclaimed as being one of the few things that can keep drunk drivers from drinking again and as a viable method of keeping other motorists safe.

Opponents Decry Civil Rights Violations and False Positives

Opponents of Senator Nelson's legislation -- and the use of SCRAM systems in general -- point to a number of obvious negatives inherent with the monitors. These devices have been around long enough for state courts to have already tried implementing them as a condition of a DWI offender's probation. Many of those same courts have seen instances of malfunctioning bracelets.

The problem with having a system sensitive enough to detect microscopic amounts of alcohol being released through the skin is that topical products containing alcohol -- lotion, body sprays, colognes/perfumes, soaps and disinfectants -- can trigger a false positive. Unfortunately, once a positive reading has been recorded, the wearer is essentially in a "guilty until proven innocent" situation. The person wearing the bracelet could have literally been following his or her conditions of probation to the letter, but may have a hard time proving that the positive result was indeed a false one.

Another issue with SCRAM bracelets and other monitoring systems is that they are cost-prohibitive for many people convicted of DWI or other alcohol-related crimes. SCRAM bracelets, for example, can cost around $1,000 for 60 days of service. Ignition interlock systems can be even more expensive.

Most people with intimate knowledge of the justice system do not think that the law will change to require all DWI offenders to wear alcohol monitors as part of their probation. Individual judges might require the bracelets to be worn in exchange for release from confinement. If you have been charged with a DWI-related offense and you have questions about possible consequences of a conviction, contact an experienced criminal defense attorney in your area today.

Article provided by Law Offices of Gary Churak, P.C.
Visit us at www.garychuraklaw.com