If you are convicted of driving while intoxicated (DWI), you may be forced to install an ignition interlock device (IID) in your vehicle. The IID is supposed to ensure that you cannot drive under the influence of alcohol. But that does not mean you cannot still have a drink on a Saturday night at home, correct?

Perhaps not. Portable alcohol monitoring systems, or PAMs, are like ignition interlocks for your home. And much like with IIDs, failure to comply with the testing may lead to additional, more severe penalties.

How does a portable alcohol monitoring system work?

PAMs work much like IIDs work. The device alerts you that it’s time to test. You blow into the device which registers your breath alcohol concentration level. That information is then sent to the company which monitors and records the data, and that data is accessible by the court.

Much like ignition interlocks, alcohol monitoring systems can be set to test randomly or on a schedule, and usually have some way of ensuring that it is you, and not someone else, who is completing the test. Most of these systems connect to your phone, so they can use facial recognition software (or can simply take a photo) as proof.

PAM vs. SCRAM

Not all monitoring systems require a breath test; there are also transdermal alcohol testing systems that are worn on the ankle. Secure Continuous Remote Alcohol Monitors, or SCRAMs, detest alcohol directly through the skin. These are usually mandated by the court for repeat DWI offenders, or for folks who have not complied with previous testing mandates.

Can a Maryland court mandate that I use a portable alcohol monitoring system?

There are a few instances where a Maryland court may mandate a PAM. The court may order you to use one of these systems if you do not have a car or share a family car, or if you were convicted of DWI but have not installed an ignition interlock device.

Some courts may also require you to use a PAM as part of a mandated treatment or sobriety program, or as a condition of probation or parole.

What happens if I blow a positive result on my at-home breath test?

If you test positive for alcohol on your PAM, the consequences will depend on why you were required to use one in the first place. You could face revocation of your bond or probation, or end up in jail if the using the system was part of a plea agreement.

What happens if I miss a breath test on my PAM?

Let us be clear: missing a breath test does not look good, as most systems have a window of time that should be sufficient to complete the test. We know, though, that sometimes tests may be missed. People’s phones die or get left at home when they are out. Alerts go unheard. You miss a step in the process and accidentally fail to record the data. Any or all of these may be a viable defense option, depending on your circumstances. Just be honest with us and we will do everything in our power to help you.

What if the software fails?

If your device is broken or if it malfunctions, it is your responsibility to get it replaced or repaired. We strongly recommend that you contact the company as soon as you realize the PAM isn’t working. Not only will this ensure that you get a new device quickly, but it will also show the court that you are taking this monitoring seriously. Having that “paper trail” may help you if you miss a test because of an issue with the device or its software.

Can alcohol-based products like mouthwash affect the outcome of a test?

Generally speaking, no: today’s at-home breath testers won’t be triggered by regular use of mouthwash (though many require that you wait 15 minutes after using it before you test). The alcohol concentration in mouthwash is high, but it dissipates quickly. As one testing company explains, “Typically mouth alcohol is reduced by 75% within the first two minutes, and 50% for every two minutes after.”

In short, you’d have to consume a dangerous amount of mouthwash simply to “trick” the test.

How much does a portable alcohol monitoring system cost in Maryland?

The price varies from company to company, but most charge between $100 and $200 a month for monitoring – money that you are required to pay for however long you are required to test. You do not get the money back when your testing requirement ends, either. You also need to purchase the device itself, and that can also run around $100.

Can I volunteer to use a PAM device to help my case?

Yes, you can – but beware: if you blow a positive test on your at-home device, it can count against you even if you have voluntarily agreed to use one.

However, we may recommend volunteering to use the system, anyway. It shows you are willing to work toward sobriety, and that you have learned from your mistakes. A clean bill for the duration of the testing period also speaks to this. In short, it’s a sign of good character – and when you are charged with a crime of any kind, good character can make a big difference.

Can you help me avoid having to use a portable alcohol monitoring device?

At Drew Cochran, Attorney at Law, our goal is always to have all charges against you dropped outright, before you ever reach a judge. When that is not possible, we fight to have those charges dismissed by the court. The best way to avoid a PAM is to avoid a DWI conviction in the first place, and that is what our defense lawyers in Annapolis and Ellicott City are here to do for you.

When you need help, you need an attorney who is smart, tough, and ready to fight for you. You’ll find that attorney in Drew Cochran. With offices in Annapolis and Ellicott City, we are always here when you need us the most. To schedule a consultation with an experienced DWI defense lawyer, please call or contact us today.

Just remember — Keep Calm, and Call Drew!