Virginia Regulatory Town Hall
Agency
Commission on the Virginia Alcohol Safety Action Program
 
Board
Commission on the Virginia Alcohol Safety Action Program
 
chapter
VASAP Case Management Policy and Procedure Manual [24 VAC 35 ‑ 30]
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9/10/21  5:14 am
Commenter: Cynthia Hites, The Hites Research Group & Virginia Ignition Interlock Forum

Interlock Installs and Failed Readings - The Statistics Must Be Kept
 
The deception perpetuated by VASAP is that the interlock device “measures” only alcohol. That's what VASAP wants everyone to believe.
 
IIDs measure electricity, but the fuel cell isn't able to measure any substance; it's incapable of distinguishing between hydroxyls. 
 
There are hundreds of compounds detectable by the fuel cell, and IID readings can't arbitrarily be labeled sorbitol, isopropanol, ethanol, or any substance.
 
Interlocks are PBTs, preliminary breath tests, and their readings are knowingly being mislabeled as ethanol and misused.
 
An analogy would be someone using a metal detector that’s capable of detecting (but not distinguishing between) metals, yet claiming every reading to be gold.  So we know the device most often detects rebar and tin cans, but we’re just gonna deem everything gold, every single time. 
 
Instead of recognizing the limited functionality of the interlock device as a simple hydroxyl detector, isopropanol readings are improperly deemed “ethanol”, and the electron measurement is being improperly deemed “BrAC”.  
 
The fuel cell has been elevated to a level of capability that is simply untrue. 
 
The State was totally sold a bill of goods and now that someone is explaining and exposing it, they are doubling down on deceit. 
 
The sober person with colorectal cancer is unknowingly producing the breath biomarker, propanol. “In multivariate analysis, propanol was significantly elevated in the cancer patients”.  
 
(Also of note, propanol has a chemical composition of C3H8O, which is only 3 atoms different than ethanol, C2H6O). 
 
VASAP is stealing money from the sober person who doesn’t know he has lung cancer, and is actually breathing ethanol, which several recent studies have shown to be the number one potential breath biomarker for lung cancer. 
 
VASAP is punishing sober people daily because they won’t admit they’re grossly misusing a very unsophisticated instrument. 
 
The statistics and metrics requested in this petition MUST be kept for proper evaluation of the program.  There's no excuse to remain ignorant and if this petition is denied, it's because the data collected will absolutely ruin the assumed efficacy of the IID program.
 
It's unethical and the end product is a  racketeering operation, and an administrative, unconstitutional clusterfork that's occurring statewide.
 
VASAP, its ASAPs, directors and case workers are operating an organized crime racket, using a known, inherently inaccurate alcohol sensor, accusing people with bogus readings, allowing IID companies to extort reset fees, and then denying citizens' due process by "restarting" people without benefit of a revocation hearing solely based on misinterpreted IID data. 
 
The only way to truly assess the integrity of this program is to compare the number of installs to number of failed readings, with special attention paid to rolling retest violations. VASAP must keep the stats requested, and I can tell you right now it's gonna be very, very ugly.
 
Pennsylvania keeps these stats and in 2016 it was revealed that 5,599 interlocks were installed and 53,083 failed readings were registered.  That's 9.5 failed readings per device and when these simple stats are kept in the Commonwealth, I believe Virginia's numbers are going to be equally abysmal. 
 
You cannot criminalize the readings from a fuel cell, it's just a PBT and penalizing sober people for medical conditions and false positives is super, super unethical. 
 
VASAP has zero integrity and actively engages in deception and fraud. As long as the fuel cell, and it's predictable stream of "false positives" is allowed to operate, this State-run racket will persist.
 
VASAP and it's ASAP franchises are a criminal enterprise that need to be investigated thoroughly by law enforcement. 
 
Commissioners, I've watched you all very closely over the past four years and you've totally failed the citizens of Virginia.  The only oversight for VASAP is myself and my husband, not this ragtag Commission. 
 
The VASAP staff is adept at covering up crime, and the spineless Commissioners are adept at being spoonfed manure with no complaint. 
 
Commissioners, you are all failing the citizens of this great Commonwealth. 
 
Keep these stats and you'll understand the fuel cell readings are garbage. It's a lockout device not an EBT DataMaster. 
 
Wake up and do your jobs. You're going to have to rock the boat and ask some tough questions to realize what the heII that is happening under your watch. 
 
I can help you. Just axtually golook at all the data published on Virginia Ignition Interock Forum. There are scores of photos to help elucidate. I can help this Agency rethink how to achieve the program mission without harming thousands of innocent people.
 
I'm registered for the annual 2021 Breath Biopsy Confernce at Cambridge and you should be, too. https://www.owls tone medical.com/science-technology/voc-biomarkers/
 
Using fuel cell technology in this capacity is grossly unethical, and when breath biopsy sensors replace cancer screenings and colonoscopy, it's going to make this entire State program look stupid because I've literally been explaining the truth to you for 4 years and as fast as you're running from it, you cannot hide.
 
Please keep all the statistics I've requested in this petition, as it's the only way to hold
the Agency accountable and begin to develop any program integrity.  
 
As always,
Cynthia Hites 



CommentID: 99919