Some DWI offenders don't learn their lesson until it's too late. But what if there was a way to keep them from having even one drink? Now there is. A device that tells authorities if you have been drinking at any time can be locked onto an ankle serving as a constant reminder. And while some complain it's like big brother, many believe it will prevent convicted drunk drivers from committing their crimes again. Ronald Markek is an admitted alcoholic. “You see, I can go 3 or 4 years without drinking and all of a sudden there's some urge in me that I gotta go out and get loaded and every time I do, I get caught and I wind up in court."





Markek is now on probation for his fifth drunk driving related offense which is why he was ordered this week to wear an ankle bracelet that detects if you've been drinking alcohol. "This device on here will show the public that you're safe in the community."



It's called SCRAM: Secure Continuous Remote Alcohol Monitor. It samples the offender's perspiration every hour and stores that data. "It has a small pump inside that actually takes the sweat of the individual and analyzes it and sends the information by modem to the vendor that produces the equipment," said Genesee County Probation Director Gary Clark.



The results are then relayed to the court or probation. Genesee County is the first in western New York to sign on to the program. Through a grant, Clark got 10 of the ankle bracelets to monitor repeat drunk drivers. "What we're looking at is the high risk offender."



Last year in Monroe County, police made 411 arrests for felony drunk driving, repeat offenders.



In July 2002, James Risch was driving drunk on East Avenue in Brighton when he plowed into a car, killing two people. Risch had a history of drunk driving convictions and had been charged with DWI just three days before the fatal crash.



Peter Navratil’s mother, Geraldine, was one of Risch's victims. " Rage. Anger beyond anger there's no point along the way that we see where there was any level of accountability put onto James Risch..."



Navratil has seen it all before. Not only did he lose his mother to drunk driving, he's also the program director for a drug and alcohol clinic. "This is not about reminding someone, don't drink and drive. This is about holding someone accountable. This device, this SCRAM device seems to me...it's a wonderful thing to have."



"We can't be there 24 hours a day, 7 days a week, so this is going to give us the additional ability to have an overview of periods of time when we couldn't be out there checking on these individuals," said Clark.



I-Team 10 was there as a Genesee County court judge began altering the sentences of repeat drunk drivers currently on probation. Defense attorney Michael Mohun represents two probationers. "I believe it is fundamentally unfair to change the rules of the game when the probationer has done nothing wrong.”



Mohun also questions the science behind the device and the reliability of the results. "If in fact you get a false positive, in other words, the SCRAM bracelet detects cologne or perfume or rubbing alcohol or any other analgesic you might apply to the skin, does that then read it as an alcohol?"



According to web reports, the scram device's reliability was successfully challenged in a Michigan case. Still, law enforcement agencies in 35 states are currently using it.



Clark says his department will use the ankle bracelet as an alert. "If we get an indication you've been drinking, we're going to go out and then validate that on the spot. But this is going to give us the information we've never had before."



Markek knows if he starts drinking again, he'll be sent to state prison. "If I get caught, I'm definitely going 4 to 7."



So he doesn't mind the constant reminder on his ankle. "This way it'll help you say, well I can't drink no more because I got a device on me."



The company that makes the scram bracelet says it can tell the difference between alcoholic beverages and things like cologne and it can also detect if the wearer tries to tamper with the device and triggers an alert.