8 comments
Re: Commission on Virginia Alcohol Safety Action Program
I, Cynthia Ellen Hites, as a citizen of the Commonwealth of Virginia, pursuant to Virginia Code §2.2-4007, do humbly submit this petition for the following amendment to the Code of Virginia; §18.2-270.1, §18.2-270.2 and, respectively, Virginia Administrative Code 24VAC35-60.
I hereby propose each reference to "alcohol" in these statutes be amended to read "ethanol", as it is so defined in 24VAC35-60-20.
The word "alcohol" scientifically refers to scores of compounds, thus the need to clarify the specific compound found in alcoholic beverages.
Ethanol, CH3CH2OH, (sometimes written as C2H6O or,C2H5OH), is explicitly defined by the Virginia law 24VAC35-60-20, as it works in tandem with 24VAC35-60-70 F, 3:
"24VAC35-60-20. Definitions.
The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:
"Alcohol" means ethyl alcohol, also called ethanol (C2H5OH).]
"24VAC35-60-70" Ignition Interlock Device Specifications
F. Except where otherwise required in this chapter, all ignition interlock devices shall meet the model specifications for Breath Alcohol Ignition Interlock Devices as set forth in the most current model specifications published in the Federal Register by the National Highway Traffic Safety Administration and operate reliably over the range of motor vehicle environments or motor vehicle manufacturing standards. At a minimum, the following specifications shall be met:
1. The ignition interlock device shall work accurately and reliably in an unsupervised environment, at minimal inconvenience to others, and without impeding the safe operation of the motor vehicle.
2. The ignition interlock device shall be able to analyze a specimen of alveolar breath for alcohol concentration, correlate accurately with established measures of blood alcohol concentration, and be calibrated according to the manufacturer's specifications.
3. The ignition interlock device shall be alcohol specific, using an electrochemical fuel cell that reacts to and measures ethanol, minimizing positive results from other substances.
These two sister statutes assure ethanol is the only compound legally intended to be detected by certified Breath Alcohol Ignition Interlock Devices. (BAIIDS)
The misleading phrase "alcohol specific" is being used to give the impression the BAIIDs are specific to ethanol.
Aside from a gas chromatograph mass spectrometer, science has yet to achieve an ethanol specific device, much less one capable of immediate ethanol detection.
Due to the lack of ethanol specific technology, an inherent dissipation time is needed to confirm or refute ethanol ingestion, as the BAIIDs, in all probability, read some or all compounds within the functional -OH group (the hydroxyl), and perhaps acetone, and other lightweight molecular alcohols.
The State of Virginia is purporting to contract companies who can manufacture an ethanol specific ignition interlock device, which currently, is scientifically impossible.
The State has contracted five vendors who claim their devices have "alcohol specificity", and it is this simple and misleading phraseology that allows each of these companies to circumvent the Virginia Law that ensures the devices be specific to the compound ethanol (C2H5OH).
VASAP staff Special Programs Coordinator, Christopher Morris, is aware of the fallibility of the BAIIDs, and advised me personally of it in a phone call on February 21, 2017; at approximately seven minutes 15 seconds into the conversation. Mr. Morris states:
"Of course it's gonna pick up non-consumed alcohol. I tell people it picks up anything that ends with -ol"; ethanol, methanol; Now if you have, sometimes people smoke cigarettes, but we can tell 'cause it clears pretty quick. Um, I have not run into, we did have an incident, and actually reviewed it thoroughly through a chemist, with acetone. Acetone itself, itself, I say that underlined, will not trigger a fuel cell. Acetone in combination with some other unique things that somebody could be have going on, could possibly. So the piece here is, is there something going on? Now I'm not a doctor, so I have no idea. Uh, based off of some of these readings, I see Kim had no choice, the report doesn't tell her either way so she has to (inaudible).. The latest one on the 16th, I can tell that's not, um, because of the reading from 9:18 to 9:28am drastically drops, so I know that's not alcohol." .
Mr. Morris is also in possession of all alleged high "alcohol" readings detected on my sober breath; including graphs, spanning ~40 readings over thirteen months; occurring on nine individual days, on two different BAIID models, in two separate vehicles.
Despite many months of complete alcohol cessation, I was accused; repeatedly and relentlessly, by BAIIDs, of ethanol ingestion, during which in each event, C2H5OH was excluded concretely, by way of extreme dissipation and/or absorption rates.
After already paying my debt to society and repenting through alcohol cessation, I was subject to months of being isolated, stranded, and submitted to humiliation due to the inability of the ignition interlock device to accurately detect drinking alcohol, ethanol.
Mr. Morris is also in possession of the seven individual police reports, documented during which police officers were summoned at the time of each personal alleged consumed ethanol event, and promptly administered PBT breathalyzer tests resulting in .000 BrAC readings; in simultaneous and direct contradiction to the BAIIDs.
Morris also possesses the results of exonerating urinalysis.
Incidentally, also in possession of all the documents referenced above, is VASAP Executive Director, Angela Coleman. Along with Morris, she was notified of the concerns, and given paper copies of all aforementioned proofs, by mine own hand, on June 9, 2017 in Richmond, VA at the Commission on VASAP Quarterly Meeting.
To my knowledge, after being informed of the devices' flaws, and all the of details involved in my personal Case Study, absolutely no action has been taken to investigate and remedy the situation or correct the systemic problems my case uncovered.
This simple amendment will serve to reflect current intended legislation, and clear up confusion of any potentially misleading language. The alcohols methanol, isopropanol, menthol, sorbitol, etc, and acetone are almost certainly detectable by these devices, resulting in the grievous punishment of constituents innocent of ethanol consumption.
I beseech you to ponder and enact this simple change in clarification to ensure the integrity of the VASAP ignition interlock program.
Simply changing each reference in the law from "alcohol" to "ethanol" will prevent this longstanding game of semantics that's currently ensnaring Virginians who are innocent of BAIID violations, while greatly strengthening the integrity of the System.
I support this petition and look forward to being a part of the change in the current wording of this law.