Continuous alcohol monitoring (CAM) devices have been used in North Carolina since 2005. The more common CAM devices are the utilized in cars, only allowing the automibile to start after the driver passes an installed breathalyzer such as the Monitech device. However, in light of new legislation such as "Laura's Law" and The Justice Reinvestment Act, which take effect January 1, 2012, CAM devices are becoming more widely used.
In particular, a less commonly known CAM device has become increasingly popular and available to criminal Defendants. Ankle alcohol monitoring devices, which are also known as Secure Continuous Remote Alcohol Monitoring (SCRAM) bracelets, use infrared technology to ensure that it the device remains attached to a human body and has not been tampered with. Since the body passes a small percentage of consumed alcohol through perspiration, the device uses an electro chemical fuel cell to measure the number of alcohol molecules that are produced through the sweat glands. The data is then sent to a computer, which reports how much alcohol has been consumed and how recently it was consumed.
Although these new bracelets sound intrusive, they offer many benefits the more commonly used car CAM devices do not. For one, car CAM devices only measure one's alcohol consumption at the time the breathalyzer is used. The SCRAM bracelets, on the other hand, can be used any day of the week at any hour. In other words, it helps defendants show that have not consumed alcohol over an extended period of time.
This is especially beneficial for Defendants as the N.C. DMV has allowed Defendants to prove sobriety for 120 days by CAM devices in order to obtain conditional drivers licenses since 2009. The North Carolina Department of Corrections has also expanded the use of CAM for other alcohol related offenses.
However, the SCRAM bracelets do have several drawbacks. While the use of CAM devices reduces the cost of prison systems, the CAM devices do have associated costs for the installation and daily use of the system. These associated charges can prove costly for Defendants, particularily those facing other court costs / fines, probation fees, etc. Thus, this alternative may not be available for all Defendants.
North Carolina legislators continue to more towards laws implementing mandatory substance abuse monitoring for Defendants convicted of certain alcohol-related offenses. It is imperative that Defendants choose an experienced attorney who is aware of these various alternatives, as well as their respective costs and benefits. An experienced attorney in alcohol-related offenses will be able to examine the merits of your case and educate you on which is the best course for your case.
N.C. Lawyers Weekly, Alcohol Monitoring Devices Poised To Spread In Wake Of New Law, 09/19/11
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