SCRAM Alcohol Monitoring and False Positives in California DUI Cases: What a Los Angeles DUI Attorney Wants You to Know
Every year, California has about 125,000 DUI arrests. About 75% of those cases end in convictions. Courts are now also using more alcohol-monitoring devices during DUI cases and probation. One common system used in California is the SCRAM ankle monitor – it measures alcohol level on the skin (TAM).
Many people think SCRAM devices are always accurate. That is not true. An experienced Los Angeles DUI Attorney knows how to show to the judges and prosecutors that these devices can give false positives because of medical issues, chemicals, or device problems.
What Is SCRAM?
SCRAM stands for “Secure Continuous Remote Alcohol Monitor.” The device is worn on the ankle and checks for alcohol coming through the skin. SCRAM does not directly measure Blood Alcohol Concentration (BAC). Instead, it measures:
TAC — Transdermal Alcohol Concentration
TAC is different from BAC.
TAC readings are not the same as BAC blood alcohol results. Los Angeles DUI Attorney can challenge attempts to treat SCRAM readings as accurate proof of drinking. What a Los Angeles DUI Attorney Wants You to Know
How SCRAM Devices Work
SCRAM devices use a chemical process called oxidation. When alcohol reaches the skin, the device creates a weak electrical current to measure it. The system is very sensitive and can detect extremely small amounts of alcohol at 4 parts per million. Because the device is so sensitive, outside chemicals and medical conditions may affect results. An DUI Attorney Los Angeles can use toxicology experts to challenge questionable SCRAM readings.
Many people believe a SCRAM alert automatically proves drinking. That is wrong. Alcohol can be measured 3 different ways:
- BAC = blood alcohol
- BrAC = breath alcohol
- TAC = alcohol detected through the skin
These measurements are related, but they are not the same.
TAC SCRAM also has a delay problem. Alcohol takes time to travel through the body and skin before the device detects it, making 2-hour delays between consumption and measurement.
This can create:
- Delayed readings
- Wrong timing estimates
- Inaccurate results
A Los Angeles DUI Attorney may examine these scientific issues carefully. The way SCRAM works is that it oxidises each molecule of ETOH to produce 12 electrons, which exit the fuel cell and show a current that then can be converted into TAC level.
Diabetes and False Positives
Diabetes and fasting diets can affect alcohol-monitoring devices because ketones produced in the body will interfere with fuel-cell systems.
There is a case where a defendant with diabetes showed a .127 alcohol reading, but the defense argued the result came from ketones rather than drinking alcohol. Contact Los Angeles DUI Attorney to see if we can show medical causes for SCRAM readings.
Hairdressers and Chemical Exposure
Workplace chemicals can also create false readings. Hairdressers and salon workers are often exposed to:
- Hairspray
- Aerosols
- Cleaning products
- Alcohol-based chemicals
In one case, a hairdresser showed alcohol readings on an ignition interlock device, but the SCRAM monitor showed no actual drinking event.
The defense argued the readings came from workplace exposure. Experts have also discussed situations where hairspray fumes could create readings near .06 after a full workday.A
Los Angeles DUI Attorney can help you defend a SCRAM violation when workplace exposure to ETOH is the cause of the readings.
Problems With Older Fuel Cell Devices
Also, if the government uses an older fuel-cell it will be systems gave inconsistent results. For example, Los Angeles DUI Attorney spoke to an expert who tested a solution that was a .04 BAC but the fuel sell produced readings from .08 to .01 during repeated tests. That can become very important in Los Angeles DUI probation violation hearings. To help a case like this, Los Angeles DUI Attorney can request calibration records to challenge unreliable devices.
Other Way to Challenge SCRAM readings:
Access to full data from SCRAM readings will show the elimination rate of alcohol. If the elimination rate is too rapid (such as above the usual of .15 to .20), it proves that the alcohol simply evaporated from the SCRAM device. So a level of elimination that is physically impossible for a normal human body is a defense to
Scientific mistakes like this may be missed unless challenged by an experienced Los Angeles DUI Attorney.
Defending SCRAM Violations
SCRAM evidence should not automatically be trusted.
A strong defense may involve:
- Medical records
- Toxicology experts
- Workplace chemical exposure
- Calibration problems
- Device errors
- Scientific research
An experienced Attorney DUI Los Angeles defendants trust may be able to challenge SCRAM violations and false alcohol readings.
Speak With a Los Angeles DUI Attorney
If you are accused of violating SCRAM conditions or DUI probation, do not assume the device is always correct. Medical conditions, workplace chemicals, and device errors can create false alcohol readings.
A knowledgeable DUI attorney can challenge the evidence and help protect your license, freedom, and record. Call us now at (323) 464-6424
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