SoberLink vs. SCRAM: Alcohol Monitoring in Tennessee Custody Cases

SoberLink vs. SCRAM: Alcohol Monitoring in Tennessee Custody Cases

Alcohol use can become a significant issue in Tennessee divorce and child custody litigation when one parent raises concerns about the other’s drinking and its potential impact on child safety. When those concerns reach the level of court involvement, judges may order alcohol monitoring as part of a parenting plan to protect the best interests of the child.

Two technologies frequently discussed in this context are SoberLink, a breath-based monitoring system commonly used in family law matters, and SCRAM (Secure Continuous Remote Alcohol Monitor), a transdermal alcohol monitoring device more commonly associated with criminal supervision and structured court compliance. In addition, newer wearable devices such as SOBRsure are entering the marketplace, though they currently have a more limited track record in Tennessee custody litigation.

If you are involved in a custody dispute in Williamson County, DavidsonCounty, or elsewhere in Middle Tennessee, understanding how these monitoring tools function – and how courts may structure their use – is important.

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Why Alcohol Monitoring Appears in Tennessee Custody Cases

Tennessee courts determine custody and parenting time based on the best interests of the child. When allegations of alcohol misuse arise, courts may order testing or monitoring as a condition of parenting time.

Alcohol monitoring may:

• Provide objective data regarding alcohol consumption;
• Reduce ongoing disputes and speculation between parents;
• Assist the court in evaluating safety concerns; and
• Support compliance with court-ordered sobriety requirements.

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Rather than relying solely on testimony, courts sometimes incorporate structured monitoring tools to create accountability and documentation.

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What Is SoberLink?

SoberLink is a structured, breath-based alcohol monitoring system. It requires a parent to submit breath samples at scheduled times throughout the day.

Key features include:

• Facial recognition to confirm the identity of the person submitting the sample;
• Scheduled testing windows;
• Automated reporting of results; and
• Date- and time-stamped records.

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Because SoberLink measures breath alcohol concentration at specific intervals, it provides data tied to defined testing periods. As with any scheduled testing system, results reflect compliance during established testing windows.

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SoberLink in Tennessee Custody Litigation

Tennessee courts have referenced SoberLink in custody-related orders. For example, in Welch v. Welch, No. W2022-00227-COA-R3-CV (Tenn. Ct. App. 2024), the Tennessee Court of Appeals affirmed a trial court’s requirement that a parent submit to multiple daily SoberLink tests as a condition of parenting time and upheld enforcement when the parent failed to comply.

As with all appellate decisions, that outcome was fact-specific and does not establish a blanket rule regarding monitoring methods in all custody cases.

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What Is SCRAM?

SCRAM (Secure Continuous Remote Alcohol Monitor) is a transdermal alcohol detection device typically worn on the ankle. Instead of measuring breath alcohol at scheduled times, SCRAM measures transdermal alcohol concentration (TAC), detecting alcohol excreted through the skin.

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How SCRAM Works

• The device samples transdermal alcohol levels at regular intervals;
• Data is stored and reviewed by monitoring authorities; and
• Alerts may be generated if alcohol consumption is detected above certain thresholds.

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Because SCRAM collects data on a continuous basis, it may capture alcohol consumption occurring outside defined time windows.

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SCRAM in Court Settings

SCRAM has been widely used in criminal justice contexts, including probation and DUI-related supervision. In family law matters, courts may consider SCRAM in situations where continuous monitoring is deemed appropriate based on the facts of the case.

As with breath-based systems, its use depends on the specific allegations, the history of alcohol misuse, and the court’s assessment of risk.

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Emerging Transdermal Monitoring Devices

Newer wearable technologies, including SOBRsure wristbands and other consumer-grade monitors, also rely on transdermal sensing. These devices are often marketed for convenience and cost efficiency.

However:

• They have a more limited litigation history in Tennessee;
• Their evidentiary treatment in custody cases is still developing; and
• Courts may require additional foundation before relying on their data.

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Parents and attorneys should carefully evaluate whether a newer device will meet evidentiary standards if enforcement becomes necessary.

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How Tennessee Courts Evaluate Monitoring Proposals

When deciding whether to order alcohol monitoring and what type of monitoring to require, courts may consider:

• The severity and history of alleged alcohol misuse;
• Whether prior court orders have been violated;
• The credibility of the parties;
• The practical burden and cost of monitoring; and
• The need for reliable, enforceable data.

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Courts focus on creating a structure that protects children while balancing fairness to both parents. The appropriate monitoring method depends on the circumstances of the individual case.

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How Alcohol Monitoring Can Affect Your Custody Case

Alcohol monitoring can significantly influence the trajectory of a custody dispute.

Monitoring may:

• Provide documented evidence of compliance;
• Reduce litigation over disputed drinking allegations; and
• Support requests to expand parenting time.

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However, noncompliance — including missed tests or detected alcohol use —can result in serious consequences, such as restrictions on parenting time or contempt findings.

Because monitoring data can become central evidence in custody litigation, the selection and structure of a monitoring system should be evaluated carefully with experienced legal counsel.

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Speak With an Experienced Franklin, TN Family Law Attorney

If alcohol use has become an issue in your divorce or child custody case in Williamson County, Davidson County, or elsewhere in Middle Tennessee, you should consult an attorney before agreeing to any monitoring terms.

Our firm assists clients with:

• Custody litigation involving substance use allegations;
• Drafting and reviewing alcohol monitoring provisions;
• Evidentiary and admissibility issues;
• Parenting plan modifications & more.

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To discuss your case, contact our Franklin, Tennessee office to schedule a consultation.

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Disclaimer: This article is for general informational purposes only and may constitute attorney advertising. It is not legal advice and does not create an attorney-client relationship. Every case is unique and fact-specific. You should consult a qualified Tennessee attorney regarding your individual circumstances.

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