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September 2, 2017 | admin Is Alcohol Monitoring an Option for me During my Los Angeles DUI?
Driving under the influence in California is a charge that can carry penalties such as jail time and fines. The penalties vary based on whether you have a previous conviction in your past and whether you injured anyone as the result of your drunk driving. You should look at alcohol monitoring and find out if it an option for you before scheduling a consultation with H&M Law. We can help find ways to reduce the charges you face and even help you get those charged dropped.
What Does Alcohol Monitoring Entail?
Alcohol monitoring provides the court with a way to monitor your body in the future and to identify whether you used alcohol after getting a DUI. These devices usually look like small bracelets that wrap around your ankle. It keeps track of any alcohol that you drink and can determine your blood alcohol concentration level. Celebrities like Michelle Rodriguez and Lindsay Lohan wore similar devices in the past.
Who Receives Reports?
When you wear an alcohol monitoring device, it will keep track of your alcohol consumption and record your usage. You can arrange for the report to go directly to you, though this only gives you some basic information about whether there is any alcohol in your system. Most people will need to arrange for the court to receive a copy of the report. Some refer to this as transdermal monitoring because it actually gains the information it needs with the monitoring it does of your skin.
Why Do Judges Recommend Alcohol Monitoring?
When you wear one of these devices, you may think that you can skirt the system or that you can drink a small amount without anyone knowing. These devices will not tell the court the types of alcohol you drink or the exact BAC in your system, but it will tell the court if you consumed alcohol in the recent past. Courts will not generally use one of the devices unless you had one or more DUI convictions in your past. Those convicted of just one DUI will usually face a fine and court costs. This is a suitable option for those who had multiple convictions in the past and those who have a hard time controlling their drinking. The monitoring device serves as a reminder that someone is watching you and that you should not drink.
Can You Get Alcohol Monitoring?
You will not get a judge who recommends alcohol monitoring after one DUI because the judge knows that anyone can make a mistake. It’s a procedure best suited for those who have a higher risk of receiving a DUI in the future and those who had alcohol problems in the past. The idea is that constant monitoring will help those wearing one of these devices make lifestyle changes that will keep them from using alcohol.
Though the court can demand that you get this monitoring done, you can also volunteer to wear the device. Those who volunteer for the procedure will have the report sent to their lawyer or to the wearers. The court does not receive a copy of your record, but the fact that you volunteered can show the court that you really want to change your life. It can also show that you are willing to make the changes necessary to keep you out of court in the future.
The court will generally recommend or require that you wear one of these devices after getting two or more DUI convictions in 10 years or less. When the court requires that you wear one, the court will get your report, though you can request a copy for yourself. The court will use these reports as a way to determine if you can remain clean and sober and whether you will avoid making any court appearances in the future.
Alcohol monitoring isn’t the only option available for those facing a DUI offense. The court may recommend that you go through alcohol rehabilitation or demand that you have an ignition interlock device installed in your car that will prevent you from driving with a high BAC.
At H&M Law, we know that a large number of Los Angeles DUI charges never make it in front of a judge because of issues with evidence. We can defend your case and help you learn what penalties you face if your case moves forward.