Tether and Electronic Monitoring Devices

Tether

Michigan Criminal Defense Attorney

As a condition of bail, bond, sentencing, or probation, the judge may order you to wear an electronic monitoring device, or tether. An electronic monitoring device allows pretrial services, probation, or parole the chance to closely supervise you by keeping track of where you are at or in some cases, determine if you are consuming alcohol. There are several types of electronic monitoring devices that are commonly used. Tethers are bracelets that are attached to the ankle while breathalyzers can be portable or attached to your car.

Global Positioning System (GPS) Tether

This monitors the defendant’s movement by satellite and reports his movements and whereabouts to the supervising agency. Exclusion Zones or Hot Zones (places where the defendant is not supposed to be) are programmed into a computer program that runs in conjunction with the GPS tether and alerts the supervising agency if the defendant goes someplace that he is not supposed to go such as the home or workplace of an alleged victim. The GPS tether could also be programmed so that the defendant is only allowed to be in or traveling to and from certain places such as work, home, or court. It could also be programmed to alert the supervising agency if defendant leaves beyond a certain radius.

Transdermal Alcohol Tether

This type of tether monitors (usually SCRAM tethers) the defendant’s skin to determine if any alcohol has been ingested into the body. While it is designed to monitor any alcohol from alcoholic drinks or alcohol-based products (mouthwashes, cough syrups, etc.) that the defendant may be ingesting, they are not designed to detect only ethyl alcohol (the type contained in alcoholic beverages). They will detect only forms of alcohol that can come from anything ranging from certain foods, hand lotions, body washes, or cleaning products. It also alerts the agency if the defendant has tried circumventing the tether in any way or tampering with it.

Standard Tether

This device records and reports when a defendant enters and exits certain locations, such as his residence. This ankle bracelet needs a landline phone in order to properly work.

Breathalyzers

Breathalyzers are either portable devices or installed to a fixed setting like a car or home. The court may require a defendant to submit to a preliminary breath test (PBT) at regular times (everyday by a certain time, each time defendant enters or leaves the residence), or when certain events occur (e.g. driving a car). These units are often equipped with cameras to verify that it is actually the defendant providing the breath sample. Breathalzyers are often ordered by the court for substance-related offenses such as DUIs, driver’s license restorations, any offense involving alcohol, or if the defendant has a history of alcohol abuse.

Ignition Interlock Devices

An ignition interlock device is a breathalyzer that is specifically designed for installation in cars to prevent defendants from operating the car until they prove they have not been drinking. They require a significant breath sample that requires the defendant to blow and hum at the same time. A breath sample of approximately 1.5 ml of breath is normally required before the car will start. The ignition interlock device also requires you to submit to “rolling tests” meaning you have to give a breath sample at spontaneous times while the car is in motion to determine you haven’t been drinking since you started the car. The slightest thing can cause them to malfunction. These are frequently required for driver’s license restorations, High BAC (Superdrunk) charges, subsequent OWI offenses (OWI 2nd, OWI 3rd) and felony DUIs (OWI 3rd, OWI Causing Injury or Death).

Lansing Michigan Criminal Defense Attorney

Tethers, breathalzyers, and ignition interlock devices as a bond or probation condition can be costly in terms of money (rental and maintenance costs) as well as convenience. It also creates another possibility for a violation if anything goes wrong. A violation could get your bond or probation revoked and land you back in jail for a long time. If you have been charged with a tether or ignition interlock violation or if you are required to have a tether as a bond condition, you need to have an experienced criminal defense attorney on your side to defend against the violation or convince the judge the requirement is too costly, burdensome, or unnecessary.

If you are facing misdemeanor or felony criminal charges call Austin Legal Services, PLC today at (517) 614-1983 for a free, no obligation consultation!

Defending misdemeanor and felony criminal charges throughout Michigan in the counties of Ingham, Eaton, Livingston, Jackson, Clinton, Gratiot, Calhoun, Kent, Kalamazoo in the cities of Lansing, East Lansing, Mason, Brighton, Howell, Jackson, St. Johns, Ithaca, Battle Creek, Grand Rapids, Kalamazoo, Jackson, Charlotte, Corunna.

Preliminary Breath Tests (PBT)

0_0_0_0_250_331_csupload_58673365Lansing Michigan DUI Lawyer
A preliminary breath test (PBT) is a portable, handheld device that is used a to measure a person’s blood alcohol content (BAC) by measuring the amount of alcohol you have on your breath as you exhale into the PBT. It oxidizes the alcohol in your breath as it passes over the fuel cell as it attempts to calculate the change in electrical current as it flows through the device. PBTs are normally used by police at roadside investigation where the person detained is suspected of drunk driving or DUI/OWI.
 
The device can only be used by someone trained and certified. The operator must take a training class and possess a valid Type I Operator’s certificate. The officer must also abide by the 15-minute rule which requires the officer to observe the suspect for at least 15 minutes prior to administering the PBT to make sure nothing has been placed into the mouth or that the person has not belched or regurgitated during that time period as any of those occurrences could throw the results of the machine off. The device must also be calibrated and maintenanced at least once a month.
 
The purpose of the PBT is to determine if there is probable cause to arrest the suspect. Virtually nothing good can come from submitting to the PBT as if it is .08 or above, that establishes probable cause but even if it doesn’t, the officer can still use other observations or field sobriety test results to arrest you. Refusing to take a roadside PBT is a no-point civil infraction with a fine less than $200. It is not a crime and no points will be added to your driving record. If you are under 21 and you refuse a roadside PBT, it is still a civil infraction but two points will be added to your driving record.
Do not confuse the roadside PBT with the evidential breathalyzer at the police station, known as the DataMaster. That is after you have already been placed under arrest and you will be asked to breath into the machine, usually twice. Again, the 15-minute observation period must be conducted. If you refuse to blow into the DataMaster, your license will be suspended and six points added to your driving record under the Implied Consent Law. You can contest the refusal at an Implied Consent Hearing at the Secretary of State, but those can be difficult to prevail on.
If you have been charged with OWI, consult with a Michigan OWI attorney at once.  Call Austin Legal Services, PLC at (517) 614-1983 for a free, no obligation consultation today.
Representing clients charged with OWI, DUI, and drunk driving throughout Michigan in the counties of Ingham, Eaton, Jackson, Barry, Clinton, Gratiot, Livingston, Calhoun, Kent, Shiawassee in the cities of Lansing, East Lansing, Mason, Charlotte, Jackson, St. Johns, Bath, Ithaca, Alma, Grand Rapids, Brighton, Howell, Kalamazoo, Battle Creek, Haslett, Okemos, Eaton Rapids.