WV Administrative Test

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WV Administrative Test LockDemerit Monitoring

• David Bolyard
• Director, Driver Services
• WV DMV
• dbolyard_at_dot.state.wv.us
• 304-558-1515

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WV Administrative Test LockDemerit Monitoring

• Reduce Alcohol Related Fatalities

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WV Administrative Test LockDemerit Monitoring

• Administrative Process Repeat Offender
• Officer Affidavit
• Suspension Letter (Certified)
• Suspension Begins (64 - 6213)
• 1st Offense 90 Days
• 2nd Offense 5 Years
• 3rd Offense 10 Years

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WV Administrative Test LockDemerit Monitoring

• Administrative Process Repeat Offender
• Hearings (36 - 3629)
• Upheld 75 (2733)

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WV Administrative Test LockDemerit Monitoring

• Test Lock
• State Population 1.3 Million Drivers
• DUIs
• 2004 9,666
• 2005 9,842
• Participants
• 2004 600 (6)
• 2005 875 (8)

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WV Administrative Test LockDemerit Monitoring

• Enrollment
• 1st Offense (23)
• 2nd Offense (77)

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WV Administrative Test LockDemerit Monitoring
Device Installation Period
Minimum Revocation Period
Offense
5 Months
30 Days
1st Offense
1 Year for Each Offense
1 Year
2nd or Greater Offense
9 Months
30 Days
Implied Consent 1st
6 Months
30 Days
Under 21
5 Months
30 Days
Knowingly Permitting 1st
1 Year
2 Months
Bodily Injury 1st
2 Years
6 Months
Misdemeanor Death 1st
2 Years
1 Year
Felony Death 1st Offense
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WV Administrative Test LockDemerit Monitoring

• Eligibility Requirements
• Eligible to obtain WV license
• Revoked in WV and not in appeal process
• Enrolled in Safety and Treatment Program within
  60 days
  

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WV Administrative Test LockDemerit Monitoring

• Eligibility Requirements
• Not convicted of Driving Revoked within the last
  6 months
  
• Own vehicle or have owners approval
• At least 18 years old
• Not Suspended or Revoked for other violations

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WV Administrative Test LockDemerit Monitoring

• Old System
• 3 Strike Rule
• Lacked Equality
• New Program
• Demerits assessed based on Severity of Violation
• Applicants received and acknowledge rules

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WV Administrative Test LockDemerit Monitoring

• New Program
• 2 Demerits
• BAC - .025 to .049
• 3 Demerits
• BAC - .050 to .079
• Running Retest
• 3 missed appointments
• Failure to enroll in Safety and Treatment
  Program
  
• (Requires assessment, 18 hr education, and may
  include intense treatment and counseling

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WV Administrative Test LockDemerit Monitoring

• New Program
• 4 Demerits
• BAC - .080 or higher (Notify Safety Treatment
  Facility)
  
• Start up violation

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WV Administrative Test LockDemerit Monitoring

• Demerit Penalties

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WV Administrative Test LockDemerit Monitoring

• Instant Removal
• Tampering or Bypassing Device
• Driving Unequipped Vehicle
• Arrest for DUI

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WV Administrative Test LockDemerit Monitoring

• Instant Removal
• Continued Failure to Enroll in Safety Treatment
  Program
  
• Failure to Complete Safety Treatment Program
• Circumvention of System or Rules

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WV Administrative Test LockDemerit Monitoring

• Results
• Recidivism 8 12 for those that completed or
  enrolled in the program previously
  
• Recidivism 50 for non participants in Test
  Lock Program
  
• 5 do not complete Test Lock Program

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WV Administrative Test LockDemerit Monitoring

• Results
• Alcohol Related Fatalities decline 30
• 2000 (181)
• 2005 (127)
• Daily Communications with Vendor
• Assess Demerits within 2 to 4 Months

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WV Administrative Test LockDemerit Monitoring

• Q A