Do I Need A Breath Alcohol Ignition Interlock Device?

As a first-time DUI offender in Illinois, you may be eligible for driving relief during your statutory summary suspension (SSS) after the 31st day from the effective date. You are eligible to receive a monitoring device driving permit (MDDP) from the secretary of state. This permit will allow you to drive to any location at any time during your suspension as long as you drive a car equipped with a breath alcohol ignition interlock device (BAIID).

You may opt to not participate in the BAIID program, but you will not be eligible for any other driving relief during your SSS. If you opt out of the program and are subsequently caught driving during your SSS, you will be guilty of a class 4 felony.

Learn more about the BAIID program below. For more answers, call the Law Offices of Johnson & Buh at 630-492-1893. You can also contact us online. We offer free consultations.

Ineligibility

  • You are ineligible for an MDDP if your driver's license was otherwise invalid at the time of the DUI arrest.
  • You are ineligible for an MDDP if death or great bodily harm resulted from this DUI arrest.
  • You are ineligible for an MDDP if you have previously been convicted of reckless homicide or aggravated DUI that resulted in a death.
  • A MDDP will not allow a commercial driver's license (CDL) holder to operate a commercial motor vehicle (CMV) during the SSS.
  • You are ineligible if you failed a chemical test or refused a chemical test for DUI in the past five years (not including this arrest).
  • You are ineligible if you are under age 18.

Restrictions

  • MDDP will not be effective until the 31st day of your SSS.
  • You will be required to use an Illinois certified BAIID provider to install/monitor a BAIID on any vehicle you will be driving during your SSS.
  • If you are found driving a car without a BAIID during the SSS, you will be guilty of a class 4 felony.

Exemptions

If you will need to drive employer-owned vehicles during the course of your work hours and the car is not specifically assigned to you, you may be eligible for a work exemption for the driving you do during work hours.

If you believe you are eligible for this exemption, please bring your employer's name, address and phone number with you to court so that the Illinois secretary of state can contact it for verification.

How do I get an MDDP?

At your court appearance, inform the judge of your desire to obtain an MDDP. You will then fill out an application, which will be forwarded to the Illinois secretary of state's office for processing. After the secretary of state receives your application, your records will be reviewed for eligibility. If you are eligible and have paid all of the fees, your MDDP will be issued.

How does the program work?

Once your MDDP is issued, you will have 14 days to have a BAIID installed on all cars you wish to drive during your SSS.

From the date it is installed, the BAIID will be read once every 60 days. If the BAIID detects an accumulation of five violations, however, your machine will be recalled early for monitoring. The secretary of state's office will evaluate the results and determine if there have been any violations of the program during that monitoring period. If no violations are detected, no further action will be taken. If there are violations, the secretary of state will send a letter giving you an opportunity to explain the violation. If you do not respond to this request or your explanation is deemed insufficient, your SSS may be extended for an additional three months and you will submit to monitoring every 30 days and/or your MDDP may be canceled.

Can the judge deny me the MDDP?

No, unless you are deemed ineligible by the criteria listed above.

How much does the MDDP program cost?

Cost will depend on the length of your SSS. You will be required to pay a $30 per month nonrefundable monitoring fee to the Illinois secretary of state for the length of the MDDP. This fee must be paid in full before the MDDP is issued.

For the device, you will have to pay an installation fee, monthly rental fees and calibration fees. All of these expenses are worked out with the Illinois certified BAIID provider of your choosing.

An indigent fund is available to assist with the cost of the BAIID if an offender is found to be indigent by the courts.

What if I decide I don't want to be in the program anymore?

If you decide that you no longer wish to drive during the remainder of your SSS, you can opt out of the program at any time. You will need to surrender your MDDP to the Illinois secretary of state, upon which you will be given authorization to have the BAIID removed from your vehicle(s).