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Illinois DUI Law: Understanding Breath Alcohol Ignition Interlock Device & Monitoring Device Driving Permit
In the State of Illinois, individuals facing a Statutory Summary Suspension due to DUI charges may be afforded an opportunity for driving relief through the Monitoring Device Driving Permit (MDDP) program. For first-time offenders, this program is a pathway to regain driving privileges under specific, regulated conditions.
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Monitoring Device Driving Permit (MDDP)
In Illinois, driving relief is available to motorists with a Statutory Summary Suspension in the form of a Monitoring Device Driving Permit (MDDP). In order to be eligible the driver must be a first offender. That means that the motorist cannot have had a prior summary suspension, DUI conviction or supervision within 5 years of the current DUI offense. Additionally, the motorist must have a valid driver’s license (except for the current statutory summary suspension), the current arrest for DUI must not involve death or great bodily harm, the driver must have not previously been convicted of reckless homicide or aggravated driving under the influence involving death, and the motorist must be 18 years of age or older.
If your driving privileges are suspended, revoked, cancelled or otherwise become invalid after being granted a MDDP, the MDDP becomes invalid and must be surrendered to the Secretary of State. If you wish to seek further driving privileges you must then apply for a Restricted Driving Permit (RDP) through a hearing with the Secretary of State.
The MDDP will allow you to drive without time constriction as long as you have a breath alcohol ignition interlock device (“BAIID”) installed in your vehicle.
An application for a MDDP will be sent to you in the mail from the Secretary of State along with the notice of confirmation of your summary suspension. If you wish to obtain a MDDP, fill out the application and send it back to the Secretary of State.
After the MDDP is issued you will be required to pay a BAIID administration fee of $30 per month to the Secretary of State. There are separate installation and service fees paid to the vendor. The BAIID must be installed by one of the listed certified installation providers within 14 days of the issuance of the MDDP. After installation the BAIID provider will notify the Secretary of State of the installation. Your MDDP will be cancelled if the BAIID is not installed within the allotted time period.
If your driving privileges are suspended, revoked, cancelled or otherwise become invalid after being granted a MDDP, the MDDP becomes invalid and must be surrendered to the Secretary of State. If you wish to seek further driving privileges you must then apply for a Restricted Driving Permit (RDP) through a hearing with the Secretary of State.
The MDDP will allow you to drive without time constriction as long as you have a breath alcohol ignition interlock device (“BAIID”) installed in your vehicle.
An application for a MDDP will be sent to you in the mail from the Secretary of State along with the notice of confirmation of your summary suspension. If you wish to obtain a MDDP, fill out the application and send it back to the Secretary of State.
After the MDDP is issued you will be required to pay a BAIID administration fee of $30 per month to the Secretary of State. There are separate installation and service fees paid to the vendor. The BAIID must be installed by one of the listed certified installation providers within 14 days of the issuance of the MDDP. After installation the BAIID provider will notify the Secretary of State of the installation. Your MDDP will be cancelled if the BAIID is not installed within the allotted time period.
Breath Alcohol Ignition Interlock Device (BAIID)
First-time DUI offenders who wish to obtain and are eligible for driving relief during the period of statutory summary suspension are required to have a Breath Alcohol Interlock Driving Device (BAIID) installed on their vehicle.
To be eligible for driving relief, offenders must first obtain a Monitoring Device Driving Permit (MDDP) and then a BAIID will be installed on their vehicle through the Secretary of State’s office. A MDDP and installation of a BAIID allow offenders to drive anywhere at any time as long as they are driving a vehicle installed with a BAIID. The Secretary of State’s office monitors the BAIID throughout the duration of the permit. The BAIID will alert the Secretary of State’s office if the driver attempts any incidents of driving under the influence or tampers with the BAIID device.
A DUI offender may decline to have a MDDP and a BAIID and instead choose to refrain from driving during the suspension period. However, an offender who chooses not to participate in the program and is subsequently caught driving a vehicle during the suspension period is guilty of a Class 4 felony. Additionally, an offender who participates in the BAIID program and is subsequently caught driving a vehicle without a BAIID device installed is guilty of a Class 4 felony.
A BAIID also is required as a condition of receiving a Restricted Driving Permit (RDP) for a person who has two or three DUI convictions (no time limit between offenses); or two statutory summary suspensions (as a result of two DUI arrests); or one DUI conviction with a statutory summary suspension from a separate DUI arrest. An RDP allows individuals to drive on a restricted basis according to their permit. Individuals who have two or three DUI convictions must obtain an RDP, drive only vehicles equipped with a BAIID and install a BAIID on all vehicles registered in their name for a period of five continuous years as a prerequisite for full reinstatement of driving privileges. A judge also may require a driver to have a BAIID installed on a vehicle. In such cases, it is the responsibility of the courts to monitor and record all information, not the Secretary of State’s office.
Drivers with four or more DUI convictions may apply to the Secretary of State’s office for an RDP after serving five years of their revocation. If the RDP is granted, drivers must have a BAIID installed on all vehicles registered in their name for the remainder of their driving lifetime and drive only vehicles equipped with a BAIID.
A DUI offender is responsible for all costs associated with the BAIID. For a listing of certified BAIID vendors and installation sites, visit ilsos.gov (click Departments, BAIID). For more information on the BAIID program, contact the Secretary of State’s BAIID Unit at 217-524-0660; or if you live in Cook, DuPage, Kane, Lake, McHenry or Will counties, contact the Chicago BAIID Unit at 312-814-4598.
To be eligible for driving relief, offenders must first obtain a Monitoring Device Driving Permit (MDDP) and then a BAIID will be installed on their vehicle through the Secretary of State’s office. A MDDP and installation of a BAIID allow offenders to drive anywhere at any time as long as they are driving a vehicle installed with a BAIID. The Secretary of State’s office monitors the BAIID throughout the duration of the permit. The BAIID will alert the Secretary of State’s office if the driver attempts any incidents of driving under the influence or tampers with the BAIID device.
A DUI offender may decline to have a MDDP and a BAIID and instead choose to refrain from driving during the suspension period. However, an offender who chooses not to participate in the program and is subsequently caught driving a vehicle during the suspension period is guilty of a Class 4 felony. Additionally, an offender who participates in the BAIID program and is subsequently caught driving a vehicle without a BAIID device installed is guilty of a Class 4 felony.
A BAIID also is required as a condition of receiving a Restricted Driving Permit (RDP) for a person who has two or three DUI convictions (no time limit between offenses); or two statutory summary suspensions (as a result of two DUI arrests); or one DUI conviction with a statutory summary suspension from a separate DUI arrest. An RDP allows individuals to drive on a restricted basis according to their permit. Individuals who have two or three DUI convictions must obtain an RDP, drive only vehicles equipped with a BAIID and install a BAIID on all vehicles registered in their name for a period of five continuous years as a prerequisite for full reinstatement of driving privileges. A judge also may require a driver to have a BAIID installed on a vehicle. In such cases, it is the responsibility of the courts to monitor and record all information, not the Secretary of State’s office.
Drivers with four or more DUI convictions may apply to the Secretary of State’s office for an RDP after serving five years of their revocation. If the RDP is granted, drivers must have a BAIID installed on all vehicles registered in their name for the remainder of their driving lifetime and drive only vehicles equipped with a BAIID.
A DUI offender is responsible for all costs associated with the BAIID. For a listing of certified BAIID vendors and installation sites, visit ilsos.gov (click Departments, BAIID). For more information on the BAIID program, contact the Secretary of State’s BAIID Unit at 217-524-0660; or if you live in Cook, DuPage, Kane, Lake, McHenry or Will counties, contact the Chicago BAIID Unit at 312-814-4598.
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