There are a significant amount of client's in treatment who share that the interlock device is too expensive, and too restrictive. Clients reports that the devices are very sensitive and they have to pay for any "retest" or challenges that they have with the system. Why the system would charge the client for failure of the interlock device is unknown to me. I have worked in the addiction field for many years and hear nothing but negative things about the accuracy of the interlock devices. This does need to be addressed and soon. 

VASAP's mission is to reduce the number of drunk drivers on the road, but their goal is to have as many ignition interlock devices installed as possible by increasing the number of DUI arrests and convictions.  This dichotomy sets up a dangerous failing business model rife with potential for fraud.

As of July 1, 2021, Virginia no longer requires ignition interlock devices to be alcohol specific. The devices are now actually required to use non-alcohol-specific technology, which causes failed readings for methanol-based windshield washer fluid and potentially other alcohols.  The readings can no longer be trusted as solely alcohol (liquor), and the device readings cannot be used in court.

The petitioner has requested that specific records be kept to ensure the integrity of the program.  For the past three years, the Commission on VASAP has categorically denied more than a dozen petitions, all which would have, at a minimum, upheld program integrity.  

In that time, ASAPs have continually committed fraud by profiting due to their negligence.  

They have taken money for services not rendered and ignored customer complaints and inquiries by refusing to return phone calls or emails.  Their standard procedure is to extend clients' ignition interlock time requirement without giving the client the benefit of a hearing to defend themselves against false interlock violation accusations.  This is denial of due process.

Neither VASAP nor any ASAPs will refund clients who were overcharged due to case manager/director negligence.  The statistics the petitioner is asking to be kept will allow for indicators of fraud that are not currently available or tracked.  Tracking these statistics will also allow for a cross comparison of all ASAPs to get an average number of failed ignition interlock readings and determine which ASAPs are above or below average.

In my opinion, VASAP, the ASAPs and the interlock companies are engaging in racketeering by stealing money from ASAP clients that was unearned due to case manager/director negligence.

A police investigation is currently being conducted in Henrico County regarding John Tyler ASAP.  This ASAP broke the law when, by VASAP's admission, 44 client ignition interlock violations were submitted for secondary review (all at once) that were at least 2-5 months old, with one being from 2019.  By law, the ASAP has 5 working days to notify the client and court of a violation.  These are not civil matters, they are criminal.  Justice delayed is justice denied.

If the Commissioners deny this petition, its voting members will once again affirm that they are nothing more than a rubber stamp for whatever the staff recommends, which has always been to deny any petition.  In four years attending the VASAP quarterly meetings, I have never seen a single Commissioner dissent, however one Commissioner did leave a meeting before a vote and never returned ... ever, to another meeting.  

Do any of the current Commissioners have backbone enough to stand against fraud or will they stand with corruption?  Who will advocate for the ASAP victims who have been overcharged through no fault of their own?  My guess is, based on past behavior, none of you.

I will continue to fight for the rights of Virginians who are being exploited by this program.

Dave Hites

US Navy (retired)