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DUI Driver caught Tampering with Alcohol-Monitoring Device loses credit for time served

Ismael Lares was sentenced to six years in state prison in the 2015 vehicular manslaughter case that killed pedestrian Gerardo “Jerry” Barragon Leon. Santa Barbara County Superior Court Judge John McGregor refused to increase his sentence to 10 years after allegations arose that Lares tampered with his alcohol-monitoring device, but did decide to eliminate any credit for time served. Lares, according to those monitoring his release, consumed alcohol on October 2 and October 5. The incidents resulted in the loss of 122 days of time served plus credit for good conduct. As a term of his sentence, Lares will receive a strike under California’s Three Strikes Sentencing Law.

Alcohol monitoring devices such as the SCRAM Continuous Alcohol Monitor have saved numerous lives. They test for alcohol 24 hours a day, 7 days a week. Every 30 minutes the device tests for alcohol consumption, unlike a Breathalyzer which could have long periods of time between testing. The device is tamper-resistant and can register any attempts to obstruct the collection of data. Tampering with the device is a serious offense and can lead to additional jail time.