What Happens if I Test Positive for Alcohol?
If the device detects alcohol, a report will be electronically generated that is subject to an initial review by a member of the Pinellas County Sheriff’s Office “Pre-Trial Services” Division. A decision is made whether it was a “confirmed alcohol consumption event” or an “environmental alcohol contact” event. When looking at the data, a confirmed alcohol consumption event will show a rise in blood alcohol, and then a steady decline in alcohol levels as the subject absorbs and eliminates the alcohol. An environmental alcohol contact event will show a sudden peak, and a sudden decline in alcohol level.
If the PCSO Pre-Trial Services division determines that an alcohol consumption event occurred, a warrant for your arrest will be signed by the judge assigned to your case for violation of a condition of your of Pre-Trial Release.
Could I have Avoided Being Ordered to Wear a Scram Device?
You could have avoided a Scram monitor requirement if you had achieved your release from the Pinellas County Jail before the advisory hearing. This can be accomplished in many DUI cases by posting a cash or surety bond after being booked in the Pinellas County Jail. If a bond is promptly posted, the subject will normally be released prior to the advisory hearing.By not having to appear before the judge, the individual will have side-stepped any SCRAM requirement.
Can I Lawfully Get My SCRAM Alcohol Monitor Removed?
If a SCRAM monitor has been ordered in your case, an experienced Pinellas County DUI Defense Attorney can file a “Motion to Modify the Conditions of your Pre-Trial Release.” Our office routinely files written motions outlining our arguments as to why the removal of the Scram device is appropriate in our clients’ cases. Thereafter, our office will schedule a hearing with the the Judge assigned to your case. At the hearing, the judge will:
- Examine your success thus far in avoiding the consumption of alcohol;
- Consider the absence of any of the aforementioned “aggravated circumstances”;
- Review the court records to see if you have been re-arrested or charged with a new criminal offense;
- Make an inquiry if you have had contact with a prohibited person or place;
- Acted in a responsible manner that demonstrates your respect for the court system. (For example, retained an attorney, registered for a DUI course if appropriate, or participated in an alcohol / substance abuse evaluation at the direction of your lawyer.)
- Consider any special aspects of your occupation that could be adversely impacted by having to wear the Scram device.
It is important to recognize that the ordering of a SCRAM device at the advisory hearing is often accomplished in a perfunctory summary fashion. The brief nature of these first appearance hearings does not afford the judge the opportunity to fully consider all relevant factors. For this reason, it is not uncommon for the court to delete the SCRAM requirement after being fully apprised of factors that support our argument that that he does not pose a future risk of harm to members of the public.
Can Wearing a SCRAM Monitor Help My Case?
This evidence can sometimes be helpful in demonstrating that our client does not have an alcohol addiction, since they have refrained from using alcohol. The argument that follows is that his arrest was an isolated incident that is not likely to reoccur. In some cases, our client’s successful completion of a period of SCRAM monitoring can be used in our argument to the State that a Reduction of his DUI charge to the lesser offense of Reckless Driving is appropriate. The facts of every case are unique and the early advice of your lawyer can be highly beneficial.
Experienced Attorneys Who Can Help?
Our attorneys have nearly twenty-five years combined experience handling DUI and Criminal Defense matters. Call our office for a free consultation today.