Courts and probation departments often rely on technology to track people who are on pretrial release or probation. GPS bracelets and electronic monitoring systems are nothing new. However, evolving technology now allows courts to monitor people’s sobriety remotely with a SCRAM alcohol monitoring bracelet.
If you struggle with an addiction to alcohol, a SCRAM device can help you maintain sobriety while you are on a pretrial release or probation.
However, submitting to random alcohol testing limits your freedom, and failing a test could land you in jail.
That’s why you need to talk with a dedicated Nebraska DUI lawyer about your options.
Omaha DUI defense attorney Thomas M. Petersen of Petersen Criminal Defense Law can evaluate your case and advise you of your rights.
Key Points
- A SCRAM alcohol monitoring bracelet continuously checks for alcohol use through transdermal (sweat) or breath-based testing and reports results to supervising authorities—often as a condition of bond, probation, or court orders.
- SCRAM monitoring can create serious legal risk if a test is flagged or the device is tampered with. A violation may trigger a report to probation/court and can lead to bond revocation, a warrant, or jail—depending on why you were ordered to wear it.
- SCRAM results are not always perfect, and false positives can happen. Medical conditions, device errors, and monitoring issues may affect outcomes, which is why legal counsel matters early to challenge questionable readings and protect your freedom.
What Is A SCRAM Alcohol Monitoring Bracelet?
SCRAM is an acronym for Secure Continuous Remote Alcohol Monitoring. This alcohol monitoring bracelet tests your perspiration or breath for the presence of alcohol.
Some SCRAM units are similar to ignition interlock devices, meaning the user must blow into the machine to provide a breath sample.
The device analyzes the test sample and reports its findings to a database. The machine flags positive test results, which are then sent to the person monitoring you.
1. Traditional Devices
If you have to wear a traditional SCRAM device, the unit will prompt you to give a sample at regular intervals.
Random sampling is the only accurate method to determine if a person drinks. Some devices can take a picture of the person providing the sample.
Verifying the user’s identity helps ensure that the right person is giving a sample.
2. Newer SCRAM Bracelets
A SCRAM bracelet is a newer version of the device. You wear them around your ankle like a GPS tracking device.
No, the SCRAM CAM alcohol monitoring bracelet does not have GPS. It only monitors alcohol levels through the skin. SCRAM Systems offers other devices with GPS, such as the SCRAM GPS 9 Plus and SCRAM Remote Breath for combined location and alcohol testing.
These alcohol ankle monitor bracelets test your perspiration for alcohol metabolites. (An alcohol metabolite is the bi-product of alcohol after digestion.)
If the SCRAM detects any alcohol, it records a drinking event. Unlike breathalyzer machines, a SCRAM device cannot provide a blood alcohol concentration measurement.
SCRAM Systems provides GPS-enabled solutions to track client location alongside or instead of alcohol monitoring when the SCRAM CAM bracelet is not sufficient.
The SCRAM CAM® alcohol monitor does not have GPS. It monitors alcohol consumption through transdermal testing and communicates data using a base station but does not track location. Users wearing SCRAM CAM are monitored for alcohol use only, not for real-time movement or geographic position.
SCRAM devices are not only for DUI cases. A judge can order someone to remain sober and use the device when a person’s charges stem from alcohol abuse.
For example, a person facing domestic violence charges might have a SCRAM unit if the charges stem from alcohol abuse.
When do Nebraska courts order SCRAM monitoring?
Courts in Nebraska order SCRAM monitoring in two distinct contexts, and which one applies to you determines everything about what a violation means legally.
As a probation condition after a DUI conviction
Under Nebraska law, a probationary sentence for certain DUI offenses must include the use of a continuous alcohol monitoring device and abstention from alcohol for no less than 180 days. For higher-level DUI convictions particularly a third offense or any offense involving a BAC of 0.15% or higher judges have broad authority to impose continuous alcohol monitoring as a mandatory probation term. Violating that condition can trigger revocation of your probation and imposition of the underlying suspended jail sentence.
As a pretrial release condition
Before a DUI case is resolved, a judge can impose SCRAM monitoring as a condition of bond. This is more common in cases involving a prior DUI history, a high BAC reading, or other factors that lead the court to question whether the defendant will remain sober while the case is pending. A pretrial SCRAM violation can result in the judge revoking bond entirely and ordering the defendant held in jail until the case is resolved without any conviction having occurred.
Other alcohol-related charges
SCRAM orders are not limited to DUI cases. In Nebraska, judges can impose continuous alcohol monitoring as a bond or probation condition in domestic violence cases, assault cases, or any charge where the court determines alcohol use was a contributing factor.
Is The SCRAM Bracelet Reliable?
SCRAM alcohol monitoring is reliable but not foolproof. They are incompatible with some medical conditions.
For instance, a person with a history of strokes or heart defects can give false positive results.
There are other instances when the SCRAM device doesn’t work correctly. They are only machines, after all, and are only as good as the people who program and run them.
By comparison, judges from various parts of the country have deemed breathalyzer tests to be unreliable even though police have used them for decades. The same thing could happen with SCRAM units in the future.
You might think that a positive reading automatically means you are in trouble.
That’s because people can be scared into thinking that technology is infallible. But it’s not.
Suppose your freedom is at stake because of a false positive SCRAM bracelet test. In that case, you will need representation from a tough and dedicated dui lawyer committed to vigorously defending his clients.
Attorney Tom Petersen is not afraid to confront potentially fallible technology.
He has the experience to contest SCRAM unit results in court and can be your best chance at resolving your case with little to no negative impact on your life.
What can cause a false positive on a SCRAM bracelet?
This is the question Tom gets most often from clients who receive a violation notice and know they have not been drinking. Various circumstances including factors below can lead to false alcohol readings on SCRAM CAMs.
Environmental alcohol exposure. The most documented real-world cause of a false SCRAM reading. Products that contain alcohol can come into contact with the bracelet and trigger an alert:
- Hand sanitizers and antibacterial gels
- Household cleaning products and disinfectant sprays
- Certain lotions, perfumes, and aftershaves
- Gasoline and solvent fumes in enclosed spaces
- Mouthwash used near the device
The SCRAM CAM’s sensors are designed to distinguish between consumed alcohol (which metabolizes through the skin gradually over time) and external exposure (which spikes quickly and evaporates). But this distinction is not foolproof, particularly when exposure is prolonged or concentrated.
Equipment malfunction
SCRAM bracelets register false positives typically when there is an equipment malfunction. Like any electronic device, SCRAM monitors can fail sensor degradation, base station transmission errors, and data upload failures have all appeared in legal challenges to SCRAM violation reports.
Tamper detection misreads
The device has built-in tamper detection. Any obstruction between the sensor and the skin including certain bandages, thick socks, or swelling from an injury can trigger an alert that is logged alongside alcohol data, complicating interpretation.
The chain of custody and data review process
Before a SCRAM reading becomes a formal court report, it passes through a monitoring agency’s review. Errors in that review process including misidentification of environmental vs. consumed alcohol events have been successfully challenged in court by defense attorneys with access to the raw data logs.
What Can Happen To Me If I Violate The SCRAM Order in Omaha?
There are rules you need to follow when wearing a SCRAM device.
Not only do you have to provide negative samples, but you also cannot tamper with the device, remove the device if it is secured to your body, cut the strap, remove the battery, or fail to charge it.
Any attempts to “trick” the device will trigger a notification of the violation to your probation officer.
If they receive such a notification, your probation officer or the prosecutor’s office can ask the judge for an arrest warrant.
Having a warrant means you are subject to getting arrested at home, at your job, or anywhere in public.
The consequences of violating the judge’s SCRAM order depend on why you must wear the device in the first place.
If you are on probation for an alcohol-related charge like DUI, then the judge could revoke your probation and send you to jail.
But the judge has other options, like sending you to inpatient alcohol treatment instead of jail.
A person wearing a SCRAM device before a conviction and while on pretrial release faces different consequences.
The judge could alter the bond terms or revoke the person’s bond and send them to jail to await the resolution of their case.
Judges have broad discretion in that respect. Some judges will give the accused a break; others will not. You should not rely on a soft-on-crime judge to give you a break if you violated a SCRAM order.
Instead, you will need help from an aggressive Nebraska criminal defense lawyer to fight to keep you out of jail.
How Our Experienced Omaha DUI Defense Lawyer Can Help You!
Nebraska DUI defense lawyer Tom Petersen has vigorously defended his clients for over 25 years.
He knows what’s at stake for you and your family, so he takes a no-nonsense approach to DUI and criminal defense.
You can count on Tom and his staff to provide you with the best defense possible. Contact us online or by calling (402) 509-8070 today to learn more about your options.
Frequently Asked Questions about SCRAM devices in Nebraska
What does SCRAM stand for and what does it actually measure?
SCRAM stands for Secure Continuous Remote Alcohol Monitoring. The most common type, the SCRAM CAM bracelet, measures alcohol in perspiration through transdermal testing meaning it analyzes the alcohol vapor that passes through the skin at the ankle. Unlike a breath test, it does not measure blood alcohol concentration directly. It samples continuously and transmits data to a monitoring center, usually once per day via a base station in your home.
Can hand sanitizer or cleaning products set off a SCRAM bracelet?
Yes, this is one of the most documented causes of questionable SCRAM readings in real-world use. Products containing ethanol including many hand sanitizers, disinfectant sprays, certain lotions, and mouthwash can come into contact with the bracelet’s sensor and produce an environmental alcohol alert. The device is designed to distinguish environmental exposure from consumed alcohol by analyzing the shape and duration of the reading, but this distinction is not always clear-cut. If you receive a violation notice and had contact with alcohol-containing products around the time of the reading, document everything and contact an attorney immediately
What happens if my SCRAM bracelet goes off in Nebraska?
The monitoring agency reviews the flagged reading and, if they classify it as a confirmed drinking event, sends a report to your probation officer or the court. Your probation officer or the prosecutor’s office can then request a hearing before the judge. At that hearing, the judge decides what, if any, consequence to impose. If you are on probation, consequences range from a warning or increased monitoring to revocation of probation and imposition of your suspended jail sentence. If you are on pretrial release, the judge could alter your bond conditions or revoke your bond entirely. A SCRAM flag does not mean automatic jail but acting fast with legal representation gives you the best chance at a favorable outcome.
Can I challenge a SCRAM violation?
Yes. A flagged SCRAM reading is not a conviction, and you have the right to a hearing before any sanction is imposed. An attorney can request the raw device data, review the monitoring agency’s analysis, examine the device’s maintenance and calibration history, and challenge whether the reading reflects actual alcohol consumption or an environmental or equipment issue. These challenges have succeeded in courts across the country. The key is acting quickly contact an attorney before the hearing, not after.
What can’t I do while wearing a SCRAM bracelet?
Beyond the obvious requirement to abstain from alcohol, you cannot tamper with, remove, cut, or obstruct the device. You cannot submerge it in water beyond the depth specified by the manufacturer. You cannot allow the battery to die or fail to upload data to the base station. Any of these actions generates a tamper alert that is reported to the court independently of any alcohol reading and a tamper event is often treated as seriously as a positive alcohol reading by Nebraska judges.
How long do Nebraska courts typically order SCRAM monitoring?
It depends on the reason for the order and the specific terms set by the judge. For DUI probation, Nebraska law requires abstention from alcohol and use of a continuous alcohol monitoring device for no less than 180 days in certain sentencing scenarios. Judges have discretion to order longer periods based on the defendant’s history and the circumstances of the case. Pretrial SCRAM orders last until the case is resolved, which can be months in complex DUI cases.
Attorney Petersen was invited to join the National Advocacy for DUI Defense (NAFDD) organization in 2013. NAFDD vets thousands of lawyers and only chooses those who have achieved stellar results in DUI defense cases. Attorney Petersen was named one of the Top 50 defense attorneys in Nebraska out of more than 5,000.