I just started on SCRAM for dui (for 6months), but last night was at a bday party, but DID NOT drink at all. only had water. but my SCRAM office say, it had a high-rate of alcohol reading. I have NO clue how thiss possible. PLEASE HELP ! If I get convicted, what's my consequences?
Convicted? Convicted of what? You're already convicted of a DUI if you're wearing a SCRAM. A probation violation might be alleged which if found true could land you in jail. Better call your DUI Attorney first thing tomorrow.
SAN DIEGO CRIMINAL DEFENSE ATTORNEY--20 years experience
It's impossible to tell what could happen without knowing why you are on SCRAM in the first place. If found in violation of probation, you could face anything up to the maximum for the offense that resulted in probation.
The people who market SCRAM say false-positive readings should be almost impossible.
This isn't a DIY project and there isn't much a stranger on the Internet can do to help you. Call your lawyer first thing tomorrow.
This is NOT legal advice. It is a general discussion of legal principles by a California lawyer, and does not create an attorney/client relationship. You should always consult PRIVATELY with an attorney.
You are on probation, that's the only way the court has jurisdiction over you in case you violate. I've had clients violate SCRAM for the first time and I've been able to simply extend scram for 10 days for them. But each situation is different. Contact you attorney who is familiar with you case.
I would normally say contact the attorney who represented you at the time of your plea bargain and advise them of the Probation Violation. However, if you truly had only a .10 BAC on a first offense without an accident, you should contact a new attorney as that is a horrible deal! What are you not putting down?
Sign up to receive a 3-part series of useful information and legal advice about DUIs.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline