Court-Ordered Portable Alcohol Monitoring: An Overview

To enhance public safety and ensure compliance with alcohol-related judgments (in DUI, child custody, parole or probation cases) – court-ordered portable alcohol monitoring devices have come to the rescue. This technology involves the use of portable devices, such as breathalyzers or alcohol ankle bracelet monitors, that individuals are required to use to regularly measure their blood alcohol content (BAC).

But understanding how alcohol monitoring works, when implemented by a legal system, isn’t so straightforward. There are different devices. Different use cases. And, of course, a court’s decisions – regarding which device will be used, and how it will be used – differ depending on the state and the offense. Additionally, setting up remote monitoring systems involves not only selecting the appropriate technology but also ensuring that there is adequate support and infrastructure in place for consistent monitoring.

Something else to bear in mind: Courts don’t necessarily order alcohol monitoring as a punitive measure. Rather, it can be an incredibly valuable tool that helps users hold themselves accountable and supports them on their path to sobriety.

So, in this post, we’ll provide a general overview of court-ordered portable alcohol monitoring, covering when and why judges order its use, how the technology operates, how much it costs, and the benefits – for both the legal system and the individual being monitored – that come with it. For specific information regarding your particular case, it’s best to reach out to an attorney in your state. Let’s dive in.

When (and why) judges order portable alcohol monitoring

DUI cases

One of the most frequent situations involves DUI (driving under the influence) offenses. If someone is caught driving drunk, especially if it’s not their first offense, a judge might order them to use a portable alcohol monitoring device. This ensures they’re staying sober and helps prevent further incidents on the road.

Traditionally, judges have mandated that DUI offenders install ignition interlock devices – non-portable systems that prevent a vehicle from starting if alcohol is detected in the driver’s system. However, courts are increasingly opting for portable alcohol monitoring as an alternative for ignition interlocks. This shift allows for continuous monitoring, ensuring that individuals remain alcohol-free at all times – not only before taking the wheel.

Child custody disputes

In child custody battles, especially where one parent has a history of alcohol abuse, the court’s primary concern is the child’s safety. A judge may require the parent to prove they’re not drinking and use an alcohol monitoring device – either during parenting time only, or at any time.

In these cases, alcohol monitoring benefits everyone involved: The monitored parent can retain custody and continue to spend time with their child, the other (non-monitored) parent gains peace of mind, and the children – of course – are not exposed to a parent’s drinking.

Read more → How to Prove Alcoholism in Custody Cases

Probation and parole conditions

For individuals on probation or parole, staying out of trouble often includes avoiding alcohol. After a substance use evaluation, judges might mandate alcohol monitoring as a condition of their release. This helps probation officers and the court keep track of the individual’s compliance and supports their journey toward rehabilitation.

Domestic violence cases

Alcohol often plays a role in domestic violence situations. If alcohol abuse is a factor, a judge may order monitoring to ensure the offender is staying sober, which can be a step toward creating a safer environment for everyone involved.

So, why do judges order alcohol monitoring in all of these cases? The primary reasons boil down to ensuring public safety, supporting rehabilitation, and providing concrete evidence of sobriety. By requiring individuals to use these devices, judges can better enforce compliance with court orders, reduce the risk of repeat offenses, and ultimately help individuals stay on track with their recovery.

Types of portable alcohol monitoring devices (and how they work)

Court-ordered breathalyzers

Breathalyzers are probably the most well-known alcohol monitoring devices, and they’re quite straightforward in how they work. Courts or law enforcement may order individuals to blow into a handheld device, which measures their blood alcohol concentration (BAC) from the breath sample. These devices are portable and easy to use, making them a popular choice for court orders.

How they work:

The science behind breathalyzers involves a chemical reaction that occurs when alcohol in the breath comes into contact with a sensor. The device then calculates the BAC based on this reaction. Some court-ordered breathalyzers include GPS tracking and real-time reporting, which means the results are immediately sent to the relevant authorities or monitors.

Do portable breathalyzers have cameras?

Yes, some breathalyzers do (but not all). By taking still photos or recording videos, alcohol monitoring services (and/or the people tracking an individual’s alcohol consumption) can verify that the person court-ordered to take alcohol breath tests, is in fact the person taking those tests.

The breathalyzer we give BACtrack View users, for instance, does not have a built-in camera… but it does connect to the camera on your smartphone. The connected app records a video of users actually blowing into their breathalyzer, so anyone monitoring these individuals can confirm their identity. This ensures a higher level of accountability and security when testing individuals. Additionally, it highlights one of the key differences between BACtrack View and Soberlink, as Soberlink captures still photos at the time of testing.

How much do court-ordered breathalyzers cost?

That depends entirely on which alcohol monitoring service you use. Some providers list prices directly on their sites, while others require you to contact a local distributor for pricing information.

To easily compare services and get an idea of what you’ll actually pay for a court-ordered breathalyzer, you should consider three fees:

• Since alcohol monitoring is a service, there is generally a monthly subscription fee
• Some services charge an extra fee for the breathalyzer itself
• There may also be additional set-up or maintenance fees

Check out our deep dive into alcohol monitoring pricing to learn more.

Court-ordered alcohol ankle monitors (SCRAM)

Courts commonly implement the SCRAM bracelet, particularly for those who have been ordered to maintain complete sobriety. Unlike breathalyzers, SCRAM devices continuously monitor users without requiring any action (i.e. blowing).

How they work:

Users wear SCRAM devices around the ankle, and the monitor continuously tracks the alcohol levels in the wearer’s sweat. The device takes regular readings (every 30 minutes) and is capable of detecting alcohol consumption 24/7. If it detects alcohol, the SCRAM bracelet sends an alert to the monitoring agency.

How much does SCRAM cost?

As with SCRAM’s alcohol monitoring breathalyzer, you’ll need to contact a local distributor for specific pricing. Again, for more background on pricing for SCRAM and other services, read our pricing deep-dive.

Collecting & sharing evidence of sobriety in court

Each device collects data in its own way. Breathalyzers gather data each time the individual blows into the device, while SCRAM devices continuously gather data by measuring alcohol levels at set intervals. Alcohol monitoring services collect and share data in real-time or at regular intervals, depending on the device and court requirements. Monitoring agencies, courts, and/or assigned individuals review the data.

Alcohol monitoring services will also typically create reports designed for users (or their lawyers) to share in court. These reports cover a specified period of time and usually contain:

• BAC level data
• Flagged test results (for breathalyzer-based services) – tests that were missed, non-compliant, or positive
• Time, date, and (possibly) location of each alcohol reading or breath test

For example, here’s the PDF report users can download from the BACtrack View app. It includes:

1. Tester’s name and time period the report covers
2. A color-coded summary of test results, distinguishing between non-compliant and missed tests
3. The results for every single breathalyzer test taken during this period

How effective is portable alcohol monitoring when it’s court-ordered?

As we’ve established, portable alcohol monitoring has become a key tool in the legal system. But how effective is it when mandated by the courts? Let’s take a look at some research:

• Significant Reduction in Recidivism: Continuous transdermal alcohol monitoring, like the SCRAM bracelet, has been shown to reduce recidivism rates among DUI offenders by 50% to 90% during the monitoring period¹.
• Enhanced Compliance Through Technology: Wireless breath monitoring devices that include GPS tracking and some sort of facial recognition/way to identify the tester significantly improve compliance, ensuring that the right person is tested at the right time².
• Remote Monitoring for Drivers: Smartphone-integrated breath sensors allow for remote monitoring of drivers, enabling timely intervention and preventing potential DUI incidents before they occur³.

Of course, no system is perfect. But court-ordered portable alcohol monitoring has proven to be highly effective, particularly in reducing repeat offenses and ensuring compliance with court orders. The integration of real-time data reporting, in particular, makes these devices a powerful tool in promoting sobriety and enhancing public safety.