ALCOHOL MONITORING SMART START IN-HOME BREATHALYZER

REMOTE ALCOHOL MONITORING – SMART START MOBILE UNIT

Alcohol Monitoring technology (often referred to as “breathalyzers” both in the courts and by the general public), particularly “remote” screening utilizing now ubiquitous mobile devices, continues to develop and gain acceptance in the Courts of North Carolina.  That’s true for felony or misdemeanor charges as well as in civil court or criminal court in North Carolina.

Judges seeking to employ a quasi-independent / unbiased source of information, rather than rely upon traditional anecdotal evidence such as self-reporting, probation violation allegations, proof of AA attendance, sponsorship, “chips” or subsequent criminal offense(s), to track or otherwise confirm abstinence from the consumption of alcohol, may well benefit from the promising use of technology in the Courts of Law in North Carolina.

The Alcohol Monitoring Smart Start IN-HOM device as trademarked by Smart Start, Inc., employs EC/FC or Electro-Chemical Fuel Cell technology to track consumption of Ethyl Alcohol or what is also known as Ethanol. Use is not limited to Criminal applications; indeed, Family Law / Domestic issues lend themselves to such technology in instances where absolute abstention may only apply during periods of Child Visitation.

The attached images are produced by Smart Start, Inc.  Prices are set (subject to change) as:

• $75 / month for a “Standard Unit” that includes a single “Download” per month.
• $90 / month for the same Standard Unit, provides for a bi-weekly Download

The EC/FC, like many if not most other mobile devices presently available on the market, is said to be “alcohol specific,” and utilize an Electrochemical Fuel Cell that is generally reactive only to the target form of alcohol, to wit:  Ethanol.  While Fuel Cell technology can be reliable, it is not perfect.

Ethyl Alcohol (CH3CH2OH – structure formula C2H6O) although technically different than Methanol or Methyl Alcohol, is similar in chemical, structural components at the atomic level.  Indeed, the primary difference in “alcohols” is the number of methylene groups.  Fuel Cells can and do “detect” other forms of alcohol, primarily because the Fuel Cell itself is reactive to or otherwise converts the Hydrogen present with the sample into a measurable, electrical response.   For example, Methanol differs from Ethanol in the absence of a single methylene group (CH3OH). Pentanol is so named due to its composition of methylene groups.

One of the more interesting aspects of the IN-HOM device is the attached camera and associated recorded image of the operator/alcohol reading report as made available within the stated “Download.”  Smart Start, which also provides an authorized Ignition Interlock Device in North Carolina, has multiple locations.

The advantages of the Remote Alcohol Monitoring Smart Start IN-HOM device include:

1. Degree of mobility
2. Visual confirmation of sample is taken from the person of interest
3. Random testing protocols
4. Remote Downloading of datum, thereby avoiding Office Visits and Manual Downloads
5. In-expensive monthly fees
6. Download Plans / Options

The disadvantages of the “IN HOM” device include”

1. Currently bulky/inconvenient size (a newer, smaller device is purportedly soon to be released)
2. Lack of 24/7 Constant Monitoring
3. Not Specifically Authorized by Statute as Alternative to SCRAM Secured Continuous Remote Alcohol Monitoring and/or the IID Ignition Interlock Device

ALCOHOL MONITORING SMART START IN-HOME BREATHALYZER

Implications for NC Family Law Attorneys 

One of the most interesting aspects of real-time alcohol testing is its application in Family Law matters in North Carolina, especially in instances where alcohol related substance abuse issues are at issue.  Many custody orders in North Carolina include language (directives) demanding certain parents abstain from alcohol during periods of visitation.  The ALCOHOL MONITORING SMART START IN-HOME BREATHALYZER, while not at the time up to evidentiary standards, presented the opportunity for binary “drinking vs no drinking” verification tool.  Since its introduction, the devices have gotten smaller in size and afford the opportunity for geo-metrics.

Helpful Information About Criminal Charges

• Ignition Interlock Devices in North Carolina