North Carolina SCRAM Bracelet Guide

Approximately 1% of consumed alcohol is excreted through the skin in the form of vapor, a principle utilized by SCRAM (Secure Continuous Remote Alcohol Monitoring) Continuous Alcohol Monitoring (CAM) bracelets. These devices are increasingly prevalent in North Carolina DWI cases, mandated in some situations and offered as a proactive solution in others.

SCRAM: When is it Required in North Carolina?

SCRAM isn't always required, but its use is becoming more common in North Carolina, especially in the following situations:

• Aggravated Level One DWI: If convicted of DWI with three or more "Grossly Aggravating Factors" (e.g., prior DWI convictions, driving with a revoked license due to DWI, causing serious injury, or having a child in the vehicle), the court must order a minimum of 120 days of alcohol abstinence, verified by a continuous alcohol monitoring system (SCRAM).

• Pretrial Release (High BAC or Repeat Offenses): Even before conviction, a judge in counties like Wake, Mecklenburg, and Guilford may order SCRAM as a condition of pretrial release, especially if your Blood Alcohol Concentration (BAC) was 0.15 or higher, or if you have prior DWI convictions within the last seven years. This is at the judge's discretion, per N.C.G.S. § 15A-534.

• Domestic Violence Cases: In cases involving domestic violence where alcohol is a contributing factor, N.C.G.S. § 15A-534.1 allows a judge to mandate SCRAM to verify alcohol abstinence.

• DWI Treatment Courts/Sobriety Courts: Participation in these specialized programs often requires SCRAM monitoring as a condition for suspended sentences or potential dismissal of charges.

• Level One and Level Two DWI: For Level One (two grossly aggravating factors) or Level Two (one grossly aggravating factor) DWI offenses, SCRAM is discretionary, but a defense attorney might proactively suggest it to demonstrate commitment to sobriety and potentially reduce jail time.

How SCRAM Works in North Carolina

The SCRAM CAM bracelet uses transdermal alcohol concentration (TAC) technology. Here’s a simplified explanation:

1. Alcohol Detection: The bracelet contains a fuel cell sensor, similar to those in breathalyzers, that detects tiny amounts of ethanol (alcohol) excreted through the skin.
2. Continuous Monitoring: The device samples your sweat every 30 minutes, 24/7.
3. Data Transmission: The bracelet wirelessly sends this data to a base station in your home or via a built-in cellular module. The data is then uploaded to a central server for analysis.
4. Anti-Tamper Features: The bracelet has infrared (IR) sensors to detect obstructions between the bracelet and your skin and monitors skin temperature to confirm it's being worn by a living person.

SCRAM Costs in North Carolina

SCRAM costs are the defendant's responsibility. Here's a breakdown:

• Installation Fee: Varies by provider.
• Daily Monitoring Fee: Varies by provider.
• Removal Fee: Varies by provider.
• Typical 120-Day Cost: Expect to pay over $1500 for a standard 120-day monitoring period.

While some providers have "Client Assistance Programs" for reduced rates, approval often requires a judge's order and proof of indigency. Failure to pay can lead to the provider stopping monitoring, violating your court order.

Products to Avoid While on SCRAM

While on SCRAM, it's crucial to avoid any alcohol consumption. Some products can pose a risk of triggering a false positive or a legitimate alcohol detection.

• "Non-Alcoholic" Beer: Contains trace amounts of alcohol (up to 0.5%). Consuming a large quantity could theoretically raise your BAC enough to trigger an alert.
• Mouthwash: Generally safe if not swallowed. However, spilling it directly on the bracelet will cause an interferant spike.

SCRAM Violations and Consequences in North Carolina

Several actions can trigger a SCRAM violation:

• Alcohol Detection: Any detected alcohol, even a small amount. The bracelet is highly sensitive and can detect BAC levels as low as 0.02.
• Tampering: Attempting to remove or obstruct the bracelet.
• Obstruction: Placing anything between the bracelet and your skin (e.g., a sock).
• Submersion: Immersing the bracelet in water (swimming, bathing).
• Communication Loss: Missing a data upload. Your probation officer receives daily or weekly reports indicating any "Communication Loss."
• Battery Failure: Allowing the bracelet's battery to die (if applicable).

Consequences for violations depend on the severity and the judge's discretion, but can include:

• Increased Restrictions: More frequent check-ins with your probation officer.
• Fines: Additional monetary penalties.
• Jail Time: Revocation of probation and a return to incarceration.

SCRAM Monitoring Duration

For Aggravated Level One DWI offenders, the minimum monitoring period is 120 days. It can be longer, up to the entire term of probation. In other cases, the duration is determined by the judge.

To request a SCRAM bracelet for a Level One or Level Two DWI case, you must file a formal motion and have it heard in court.