WOODLAND, Calif. – A woman convicted of her fifth DUI nearly surrendered to a prison term last week because she could not afford the fees to maintain a SCRAM alcohol monitor, but she ultimately found a way to pay and remain free to care for her two children.
The woman, responsible for two children ages 16 and 8, told the court at her sentencing hearing that she could not pay the traditional SCRAM fees and would instead accept a 180-day jail term. She later reversed that decision, arranging her finances to cover the costs so she could continue supporting her children.
She was charged with violating probation, including one count of felony DUI. The police report alleged she was driving without a license and under the influence with excessive blood alcohol levels and “refusal,” which led to an enhancement of the charge.
At a time when California’s budget is strained, many accused people in court face the same dilemma: pay steep SCRAM fees or sacrifice other expenses in order to remain free. Her defense argued she chose the latter only because she thought she had no choice, until she found a way to pay.
Deputy District Attorney Eric May opposed giving her another chance. He argued she had already violated SCRAM conditions, had a pattern of DUIs, including a felony earlier this year, and should serve her full prison term.
“This isn’t someone who was driving a month ago or two months ago or three months ago or even a year,” May said. “Her most recent DUI is ‘routine’ years old.”
Deputy Public Defender Roberto Villas Olivas countered that her case was different because she suffers from a severe alcohol use disorder, which, he argued, “poses an extreme risk to everybody, including herself and kids.”
He told the court she had already sought help through the nonprofit Turning Point, requesting substance abuse treatment on her own rather than as a probation condition. He said she had also scheduled an ASAM (American Society of Addiction Medicine) test for next week.
Judge Clara Levers sided with the defense, granting her request to remain free under SCRAM monitoring. The judge denied the prosecution’s request to remand her immediately and withdrew her earlier jail surrender.
Levers gave her until Saturday to install the SCRAM device and register it by Sept. 3 to avoid prejudice in her felony DUI sentencing. She said the order was meant to “reduce the risk to public safety and herself.”
The judge urged her to “throw herself into (the community service I order) and to do whatever she connects with.”
The next hearing, set for Oct. 24, will determine whether she complies with these orders. The Sept. 3 felony DUI sentencing will not influence the October hearing.
Follow the Vanguard on Social Media – X, Instagram and Facebook. Subscribe the Vanguard News letters. To make a tax-deductible donation, please visit davisvanguard.org/donate or give directly through ActBlue. Your support will ensure that the vital work of the Vanguard continues.
