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Mon, Nov 09 2009 

Published: January 06, 2009 09:52 pm    print this story  

Interlocks popular under new state DUI statute

By Mannix Porterfield
Register-Herald Reporter

Drunken motorists in West Virginia are turning to the Interlock in growing numbers under a revised law that lets first-time offenders regain driving privileges in 15 days.

Division of Motor Vehicles statistics reveal that last month, drivers arrested for DUI contracted to install 91 of the devices that require a driver to blow into it for a quick gauge of his blood alcohol content before a vehicle’s ignition can start.

In December 2007, the number of Interlocks placed in vehicles was 48.

Before a successful campaign was launched by Mothers Against Drunk Drivers last year, the old law held a driver’s license in limbo fully 30 days, but the revised statute offers the incentive for motorists to get back on the road in half the time by having an Interlock installed.

That same law created a new criminal offense known as “aggravated DUI” for those with a BAC of .15, and for them, using an Interlock is mandatory.

“That’s probably the biggest part of the increase,” Deputy DMV Commissioner Steve Dale said Monday.

Dale figures the Interlock installation for those caught with a BAC between .08, the threshold for a DUI case in West Virginia, and the “aggravated” level, is a major incentive, since it permits a driver to return to his driving two weeks sooner than under the former law.

“And the whole concept is to get more people on the Interlock because of its benefits to society as far as highway safety, as well as behavioral modification,” Dale said.

“By that, I mean that the driver is constantly reminded every time he gets into his car about alcohol consumption and driving, because he has to blow into the machine. Also, there is a random checking of BAC when they’re operating the motor vehicle. That’s a constant reminder. Of course, it also facilitates the drivers participating in the safety and treatment program.”

While a motorist is on the road, a warning suddenly sounds from the Interlock, provided exclusively in this state by National Interlock of West Virginia.

“It gives you a certain amount of time to blow a sample,” Dale said.

“It doesn’t turn your engine off. That might be even more dangerous than driving drunk. Of course, it will not allow them to restart after the car is stopped, and it does record all this activity. It records how many attempts you made to operate the vehicle with alcohol content and were denied.”

All such information is downloaded, retrievable by the DMV so it can review a motorist’s record and impose any appropriate sanctions for violating terms of the program, Dale pointed out.

“We have access to that information through the provider,” he said.

“You’re required to come back each month to the Interlock installer, a third party. They download all that information from the machine and submit it to DMV.”

The idea is to make sure there has been no effort by an imbibing motorist to compromise the system and jump-start the car by fooling with the electrical system, he said.

If something like this occurs, it could translate into additional time to have the Interlock attached to a vehicle.

DMV records show 71 such devices were installed in November, and 101 were acquired the previous month, contrasted with 63 in November 2007 and 73 in October that year.

Historically, the quarter of January, February and March has proven to witness the highest volume, while the final quarter has been the slowest one, which means the DMV anticipates a large number installed in the first quarter of 2009.

Interlocks may be acquired at six locations, in Beckley, Charleston, Moundsville, Fairmont, Martinsburg and Parkersburg.

Critics initially feared a drinking motorist would simply get a sober friend to exhale into the machine so it could pass muster and start, but Dale says this would be an unwise ploy.

“Especially if you were a passenger, since you would be jeopardizing your own life,” the deputy commissioner said.

“And secondly, if you were a true friend, why would you want to endanger your friend by blowing into and actually putting him in a vehicle, with the possibility he could seriously injure or kill himself or others?”

Technology exists, but isn’t in use yet, that would allow cameras to photograph individuals actually blowing into the machine in attempts to start a vehicle, Dale pointed out.

“We’ll be in the process of phasing that in probably on a case by case basis, the worst offenders who might warrant this type of additional equipment,” Dale said.

“Right now, we don’t have it. The technology is there and our provider has it. That would be something we would look at for the person who finds it difficult being on the program, as far as obeying the rules.”

— E-mail: mannix@register-herald.com

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