These are the details of requested regulatory changes.  These changes will ensure the Commission on VASAP and ASAP case managers will adhere to the laws as they were written, not their subjective interpretations.  I have requested to make a public comment at the next commission on VASAP meeting March 29, 2018 in Richmond, but the commission staff has not yet granted my request as of 2/19/2018.

§ 18.2-270.1. Ignition interlock system; penalty.

"Ignition interlock system" means a device that (i) connects a motor vehicle ignition system to an analyzer that measures a driver's blood alcohol content; (ii) prevents a motor vehicle ignition from starting if a driver's blood alcohol content exceeds 0.02 percent; and (iii) is equipped with the ability to perform a rolling retest and to electronically log the blood alcohol content during ignition, attempted ignition and rolling retest.

Request to move fail point from .02% to .04% BAC for all interlock devices. This will reduce non-ethanol violations (24VAC35-60-70 Section F “positive readings from other substances”).  It should also dramatically decrease ASAP case manager and courts’ caseloads.  The legal level at which DUI occurs in Virginia is .08% BAC.  Interlock users would violate their program at only half this level (.04% BAC) if approved.  If keeping drunk drivers off the road truly is the goal, it can still be accomplished if the fail point is moved, without violating those who are compliant with all program requirements.

Case Manager Guidance Document (2017)

Change client contract [15-minute] time requirement to reach zero to read “may be considered a violation if interlock readings indicate an elimination rate at or near .015% BAC per hour”.  In most cases, endogenous alcohol production cannot be determined within 15 minutes.  Human physiology makes it impossible to meet contract requirements as the contract is currently written if a medical condition exists.

Require dual approval of Case Manager and supervisor (ASAP director) for any violations that require interlock time requirement restart or violations sending offender to court. Case Manager and supervisor’s names must be included for accountability purposes.

Hold Case Managers to .015% BAC elimination rate for all violations.  Case Managers should not be able to violate interlock users subjectively.  They should all be held to the same objective standard.

§ 18.2-270.1. Ignition interlock systems; penalty. Subsection B

Change 6-month consecutive requirement to allow time served for any non-alcohol related reason consecutive duration could not be met.  Proof must be provided to Case Manager (vehicle accident, license suspension due to accumulated points, etc.).

In the interest of public transparency, list all commission members and staff, and contact information for each member on VASAP website.  Contact information shall include at a minimum an email address and phone number.

Case Manager Guidance Document (2017)

A contact list of ASAP Case Managers and ASAP director shall be given to every ASAP client upon enrollment.  If a grievance arises, a complaint may be filed with the appropriate person in the chain of command as directed in the Case Manager guidance document. Contact information shall include at a minimum an email address and phone number.  ASAP enrollees must contact each successive person in the chain until a resolution is reached.