Pre-Trial Release, Bail Reduction, or O.R. Release
It’s not uncommon for a Judge to order or a prosecutor to request that a drunk driving defendant refrain from consuming alcohol if the defendant is granted a pre-trial release from custody. To ensure compliance, the Judge may require the defendant to wear a SCRAM ankle bracelet as a condition which must be met prior to the defendant’s release from custody. This is especially common for defendant’s who have a DUI with a high BAC, a prior DUI, or a DUI a with certain aggravating factors (child in the car, serious bodily injury, accident, etc;). In order for the Judge to order SCRAM continuous alcohol monitoring, or the prosecutor to request the SCRAM device, the Judge and/or prosecutor must first be aware of the technology.
Many Judges are reluctant to reduce bail for DUI defendants, or in the alternative a Judge will often set an extremely high bail amount for DUI defendant’s with prior conviction and a high BAC or for DUI defendants when other aggravating factors are involved. In many jurisdictions in California, Nevada, and Arizona, defense attorneys have had tremendous success in obtaining reduced or even no bail pre-trial release for their DUI clients by presenting SCRAM as an option to the Court. At SCRAM of California we have appeared in Court thousands of times on behalf of our clients or with their defense attorney to explain the technology to the Judge or prosecutor.
SCRAM Alcohol Monitoring Prior to Sentencing or Trial
There are many benefits to having your client submit to continuous alcohol monitoring prior to being sentenced. Many of our clients submit voluntarily to continuous alcohol testing prior to a Court sentencing. In a DUI case with aggravating factors or a high BAC, being able to prove to the Judge that your client is in fact sober (and has been sober for 30, 60, 90 days, or even longer). Actually having scientific proof is an incredibly powerful tool at the time of sentencing, and this positive change that you can present to the Judge may mean the difference between prison/jail or probation.
As you are certainly aware, trial takes a tremendous amount of preparation and work, and preparing for trial with a client who is a chronic alcohol will make the process much more difficult. Some DUI defendants do have a serious problem with alcohol and the SCRAM bracelet can play a role in helping the defendant achieve sobriety.
Hear What Defense Attorneys Have to Say About SCRAM
SCRAM Alcohol Monitoring & Post Conviction Release
Across the country many jurisdictions are allowing DUI defendants to serve mandatory jail sentences on house arrest with a condition of alcohol monitoring. If you practice in California, Arizona, or Nevada we suggest you contact our office and we can discuss whether SCRAM might be appropriate for your client.
Most defendants have jobs, family and commitments and any time in jail would be absolutely devastating. We have assisted thousands of clients and we would be happy to discuss with you how we might be able to assist your client in staying out of custody.
