Assistant to the DMV Commissioner Steve Dale says even though they have the data in hand they're not yet drawing any conclusions. "It's really too early to come to any hard and fast conclusions because this is of course a new law that has gone into effect,” Dale said. “We really don't have anything to compare it against.”

But the numbers work out this way. From July 1st to December 31st of 2008 there were a total of 3,348 first offense DUIs in West Virginia. 2,214 were for non-aggravated DUI. That means the driver was over the legal limit of .08 but under.15. The numbers show 1,134 arrests were made for aggravated DUI or a blood alcohol limit of .15 or above.

Dale says first time offenders charged with non-aggravated DUI were allowed to participate in the state's Interlock program. A device is installed in the violator’s vehicle. The person must blow into a mouthpiece. If any presence of alcohol shows up, the vehicle will not start.  The new state law calls for only a 15-day license revocation for non-aggravated offenders if they use the Interlock system. "That's a big incentive for those first time offenders to get on the interlock system and to attend to their business,” Dale said.

Dale says there has been a 30 percent increase in Interlock usage.

Those charged with aggravated DUI are required to use the Interlock.

Dale says Interlock is a win-win. "The whole purpose of the major changes in the DUI law were to increase participation in Interlock because of the benefits of the Interlock system and to be looking at the decrease in jail costs as more individuals get on Interlock” he said. “We're also looking at a decrease in repeat offenders."

Dale believes they'll have a better idea of how the program is working once they compare the numbers from the first six months with those from the second six months ending in June of 2009.