When I first became acquainted with VASAP six years ago, interlock devices were assumed by most everyone, myself included, to detect only ethanol. Why wouldn't I think that? Why wouldn't everyone? After all, interlock companies continue to tout their devices as alcohol specific.
Alcohol specific to the interlock industry is defined as any alcohol, like methanol, which is in windshield washer fluid. I have found no other organization or industry, private or governmental, in the United States that defines alcohol as anything other than ethanol sans the interlock industry.
The state assembly passed a law enabling this Commission to write policy which currently punishes all failed interlock readings with extra interlock time, many times without the benefit of a show cause hearing, based on the assumption that the devices only detect ethanol. Clients are forced to sign a user agreement with the understanding that all failed interlock readings will result in, at a minimum, an interlock time extension.
As documented in the petition, the Commission is now very well aware of the limited capability and scope of use of breath alcohol ignition interlock devices. If the Commission is to maintain use of electrochemical fuel cell technology, which through VASAP's own admission detects other alcohols, then the device readings cannot be used against a client as definitive use of alcohol (ethanol), to determine program non-compliance.
Ignition interlock devices serve one function, to prevent the start of a vehicle if a failed reading is detected. They do that very well. Once a vehicle is started, it will not stop running until someone turns it off or it runs out of gas, even if your horn is honking and your alternative light source is flashing.
An interlock device's function ceases to exist once the engine is running. A camera takes a picture of the driver upon initial start when a breath sample is provided. If a client passes their test on camera and starts their vehicle, that's where the device's designed use and purpose ends. It must now be assumed that a sober client is driving the vehicle.
Preliminary breath testers (PBTs) have been used by police for years to test suspected drunk drivers for alcohol consumption. As interlock devices, the Commission is using the same technology on suspected sober breath which can confirm sobriety but can't definitively confirm alcohol consumption.
VASAP has always misused failed interlock readings as evidence of wrongdoing and blanketly labeled failed readings as ethanol, or consumed alcohol.
The Commission has admitted that the devices detect other alcohols. Mr. Ken Denton, representing the interlock coalition, admits that ignition interlocks are screening devices and should not be used as evidence.
Some clients attempting to simply comply with the program are being punished for failed readings that are not their fault. VASAP must operate under a new paradigm, understanding that interlock compliance ends at installing and using the device properly without trying to circumvent it.
Please grant this petition to ensure that interlock devices are not being abused as an overreach of authority.
Granting this petition should also mean a reduced workload for overburdened staff. ASAP directors can reduce staffing requirements or redirect staff to satellite offices.
The VASAP Program is losing money every month and cannot support its own administrative weight. If the program maintains its current policy and structure, revenue sharing and pay cuts for directors won't be enough to save the program. There is not enough money to go around.
Rents are sky high as well as utility and gas prices, which directly affect many ASAP locations. With no ability to pass the cost of inflation on to ASAP clients by raising ASAP fees, ASAPs are forced to cut costs until there is nothing left to cut. We are at that tipping point.
Granting this petition would be the most important and brave step taken thus far by the Commission to turn back the tide of financial ruin.
Thank you for your consideration,
Dave Hites