By CCI Team

 

So, you’ve been found to be Driving Under the Influence (DUI) and your license has been suspended, now what?  The good news is that most states, Illinois included, allows first time DUI offenders to drive with the installation of a Breath Alcohol Ignition Interlock Device (BAIID) in their vehicle if they want to be eligible to drive during the period of statutory summary suspension.

What is a BAIID?

            Basically, a BAIID is a device that is installed in your vehicle that uses advanced technology to monitor a driver’s blood-alcohol content (BAC).  It’s installed in the ignition of a vehicle and requires a breath sample from the driver, and prevents the vehicle from starting if a BAC of .025 or more is registered.  An initial blow is required to star the vehicle and additional blow are required at regular intervals of the trip.  Anyone who uses the vehicle must also use the BAIID.  The Secretary of State’s office (SOS) will download information from the BAIID every 60 days, and any violations detected may result in an extension of the license suspension by 3 months or result in the driving permit’s cancellations.  If there are 4 extensions of suspension it may be result in the car being seized/forfeited.

 

Eligibility for a BAIID

There are basically two permits of note.  The first is the Monitoring Device Driving Permit (MDDP).  If you are a first-time DUI offender and are eligible for driving relief during the period of statutory summary suspension you are required to have a BAIID installed in your vehicle.  Additionally, in Illinois you’re required to have a camera unit to capture the image of you as you perform the breath test.  As a DUI offender, you would be required to pay for all associated installation and monitoring fees, average costs are noted below:

  • Installation — $85 paid to vendor
  • Monthly BAIID rental — $80 a month paid to vendor
  • Monthly monitoring fees — $30 a month payable up front to the Secretary of State’s Office prior to MDDP issuance (non-refundable)

Once the BAIID is installed in the vehicle though the SOS you can drive anywhere at anytime.  The SOS will be monitoring the BAIID throughout the duration of the permit.

At this point you may be wondering, if attaining MDDP and BAIID are required.  The answer, is no.  You have the option of declining the permit and installation in favor of restraining from driving during the suspension period.   However, it’s important to know that if you have opted out of the program and are caught driving during the suspension period OR if you choose to participate in the program but are caught driving a vehicle without a BAIID device you will be guilty of a Class 4 felony.

Another driving permit that requires a BAIID is a Restricted Driving Permit (RDP). This is issued to a person who has had any of the following:

  • Two or three DUI convictions (no time limit between offenses)
  • Two statutory summary suspensions (as a result of two DUI arrests)
  • One DUI conviction with a statutory summary suspension from a separate DUI arrest.

In the case of a RDP the driver may only drive vehicles with a BAIID and have a BAIID

installed in all vehicles registered in their name for a period of 5 continuous years, a

prerequisite for full reinstatement of driving privileges.  If a judge requires a driver to have a BAIID installed in their car it then becomes the courts to monitor and record all information.  If there are four of more DUI convictions the offender may apply to the Secretary of State’s office for a RDP after serving five years of his/her revocation. If the RDP is granted, the driver must have a BAIID on all vehicles registered in his/her name for the remainder of their driving lifetime, as well as drive only vehicles equipped with a BAIID.

To verify eligibility for a permit you need to provide your employer’s name, address and telephone number to the Secretary of State’s office.  It’s also of note that work exceptions aren’t granted if you are self- employed, work for a business owned by a family member or are allowed to take the vehicle home and person use.  For more information on DUI, a Monitoring Device Driving Permit or a Restricted Driving Permit, please refer to the Secretary of State’s DUI Fact Book.

 

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