Virginia Regulatory Town Hall
Agency
Commission on the Virginia Alcohol Safety Action Program
 
Board
Commission on the Virginia Alcohol Safety Action Program
 
chapter
Ignition Interlock Regulations [24 VAC 35 ‑ 60]
Previous Comment     Back to List of Comments
9/21/20  11:06 pm
Commenter: David Hites

Interlocks pose a public safety risk
 

I support the petition in the name of public safety.  As strange as it sounds, the public is in more danger from sober drivers randomly forced to operate an ignition interlock than drivers whose license was suspended or revoked. 

First time DUI offenders who had interlocks installed were at greater risk for an accident than those who did not, according to CA DMV Study #251. VASAP should be keeping these statistics for Virginia, but they don't.  The DMV does, and the number of interlock related crashes tripled from 2012-2017,  after first time DUI offenders were required to have an interlock installed.

How do you know how well your program is functioning if you don't use the most important metric of success ... how many offenders complete the program successfully without an interlock violation?

The VASAP Commission is about to REMOVE the requirement for ignition interlock devices to be alcohol specific, meaning that the Commission ACKNOWLEDGES that interlock devices measure other alcohols and they don't care that they are changing the intent of the law, which is to measure just one thing, ethanol (drinking liquor).

Interlock companies say the electrochemical fuel cell is "much more sensitive" to alcohol than previous technology, and that's close enough.  Those companies better not say anywhere in any literature that their devices are alcohol specific, especially in their proposals to operate in Virginia.  If the state of Virginia isn't requiring interlock devices to be alcohol specific when alcohol is defined as ethanol, they shouldn't be allowed.

These companies can't use the broad definition of alcohol, meaning all hydroxyl group compounds when doing business with the state, because the VA law defines alcohol as ethanol, just as the NHTSA and FDA do.  That's deception at worst, and at best a misrepresentation of the device's capabilities.  Either way it's grounds for the Commission to suspend or revoke an interlock company's certification.

When it comes to public safety, interlocks are ineffective at controlling recidivism after an offender's interlock is removed.  Jail and a suspended license are much better deterrents than the interlock.  Classes on responsible living and drinking are paramount and are shown to be far more effective.

Interlocks are a hazard to everyone on the road and are in direct conflict with mandated laws against distracted driving.  The problems users experience with interlocks range from installations resulting in vehicle damage, poor customer service, and non-ethanol related readings that get sent to court, sometimes a year after the interlock violation.

The Commission staff will never admit fault or take responsibility for any wrongdoing.  The staff wants to assume everyone is guilty and treats them as such.  I personally know of 4 people whom have had their cases dismissed after a collective 42 additional months on the interlock, that will never be refunded.  VASAP falsely accused these compliant, and fragile offenders of drinking and driving before their cases were dismissed. Each citizen would have to to file a court case to get refunded, which is totally unfair. Excess interlock fees should be refunded automatically by the respective interlock company in the event of a dismissal or not guilty verdict.

The interlock should be used as a gate to keep drunk drivers from starting their vehicles.  Six months is the longest amount of time an interlock should be on a car.  The longer an interlock is on a car, the greater the risk to public safety.

CommentID: 85229