Virginia Regulatory Town Hall
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Commission on the Virginia Alcohol Safety Action Program
Commission on the Virginia Alcohol Safety Action Program
Petition 343
Petition Information
Petition Title Ignition Interlock Results Reporting
Date Filed 4/21/2021    [Transmittal Sheet]
Petitioner Cynthia Hites 
Petitioner's Request

I, Cynthia Hites, a citizen of the Commonwealth of Virginia, pursuant to Virginia Code §2.2-4007, do humbly submit this petition.

For years VASAP has been flying blind regarding the number of false positive interlock readings being suffered by their clients.

Unexplained instances of failed interlock readings have classically been attributed to a glitch, or malfunction in an individual device, instead of VASAP admitting the issue is systemic in nature.

Utilizing the electrochemical fuel cell as sensor technology for interlock devices means a very high number of failed readings are expected due to sources other than consumed ethanol (C2H6O).  ASAP has chosen to adopt this vastly inferior technology and has also grossly misapplied it.

In order to evaluate the full scope of effects wrought by using the fuel cell, it is now imperative the VASAP agency strive to quantify how this choice impacts the efficacy of its Interlock Program.

Certain metrics need to be consistently and continually obtained for review in order to properly evaluate the VASAP IID program.

We need to know how may IIDs are installed, and how many failed readings (>.02) occur per device.  Then, out of those fails, how many are deemed \\\\"violations,\\\\" and of those \\\\"violations\\\\" the number of revocation hearings set, the number of clients denied due process by having their interlock time altered by ASAP, and the number of subsequent convictions.

It was estimated during a recent quarterly VASAP meeting that there are 200 failed IID readings per day.  If this holds true, and if there are 7000 interlocks installed at any given time, then statistically, after 35 days, every single client has one failed reading; after 70 days that jumps to two failed readings per client, and these numbers are unacceptable.

A high number of failed interlock readings due to high BrAc would clearly be indicative of a failed program.  Either the IID machines are detecting non-consumed ethanol at an unacceptably high rate, indicating systemic failure, or despite their installation, people in large numbers are deciding to attempt drunk driving, indicating systemic failure.

For VASAP to continue to neglect the obscenely high number of false positives and operate as if interlocks were reasonably accurate, would be irresponsible and highly suspect.

VASAP owes the citizens of Virginia a level of interlock accountability that, to this date, has not been realized.  Without obtaining this empirical data, VASAP can continue to claim program integrity and assert purely anecdotal evidence that the interlock devices are accurate.

I would be very willing to wager that after the number of Virginia\\\\'s false positives is ascertained, the interlock devices will lose all of their assumed credibility.

Employing any language the agency sees fit, I propose that the following amendment of interlock data acquisition be made to either VA code section 24VAC35-30-150, included in the annual VASAP Executive Summary, and/or included in an otherwise appropriate agency document, to be publicly disseminated on a yearly basis.

To be broken down by each individual ASAP, and by case worker, we need to know:

1)  Number of IIDs installed

2)  Number of failed IID readings per machine (per client).

     Of all the interlock fails, further disseminated by:

        (A)  Number of men, and number of women

        (B)  Number of fails occurring upon rolling retest

        (C)  Number of those clients with readings deemed \\\\"violations.\\\\"

               a)  Number of clients with \\\\"violations\\\\" being given the benefit of a revocation hearing.

               b)  Number of clients with \\\\"violations\\\\" being given additional interlock time without being afforded due process.

        (D)  Number of these revocation hearings resulting in conviction.

Keeping track of these statistics will serve a vital role in affirming program integrity.

Most humbly,

Cynthia Hites





Agency's Plan

This petition will be considered by the Commission on VASAP at its quarterly meeting on September 17, 2021.

Comment Period Began 5/10/2021    Ended 9/10/2021
Virginia Register Announcement Submitted on 4/21/2021
The Virginia Register of Regulations
Published on: 5/10/2021     Volume: 37  Issue: 19
Agency Decision Take no action [Transmittal Sheet]    
Response Date 9/17/2021
Decision Publication Date Published on: 10/11/2021     Volume: 38  Issue: 4
Agency Decision Summary

The petitioner requested that 24VAC35-30-150 be amended to require the Commission on VASAP to collect an extensive variety of ignition interlock data.  The request included an exhaustive list of data currently uncollected.  The overwhelming amount of data requested by the petitioner would require the use of extensive resources from multiple agencies to include the Commission on VASAP, local ASAP offices, the Virginia Department of Motor Vehicles and the courts.  This will require the use of additional state tax dollars, and extensive work by agencies that are already understaffed.  Accordingly, the petition was denied. 

Contact Information
Name / Title: Richard L. Foy  / Field Services Specialist
Address: 1111 E. Main St.
Suite 801
Richmond, 23219
Email Address:
Telephone: (804)786-5895    FAX: (804)786-6286    TDD: ()-