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Understanding Ignition Interlock Devices in Illinois
A DUI conviction can be devastating - your freedom and your reputation can be at stake. Being convicted for DUI can mean serious consequences including the possibility of jail time and steep fines. When you fail a chemical test to determine your BAC during a traffic stop, you will automatically be subject to a statutory summary suspension, which is the Secretary of State’s administrative action of suspending your license. During the suspension period, you can apply for a monitoring device driving permit (MDDP) if it is your first offense, or a restricted driving permit (RDP) if it is your second or third offense.
What Is a Breath Alcohol Ignition Interlock Device?
If you are convicted of a DUI and wish to still have driving privileges, you are required to have a breath alcohol ignition interlock device (BAIID) installed in your vehicle. A BAIID is a device that is installed in the ignition of an offender’s vehicle and measures the driver’s blood-alcohol content using their breath. The BAIID will not allow the vehicle to start if the driver’s BAC is determined to be over .025. The driver must blow into the device to start the vehicle and periodically blow into the device throughout their trip to prevent drinking after the vehicle has been started.
BAIID’s and Driving Permits
As a condition of having driving privileges during a statutory summary suspension, you must have a BAIID installed in your vehicle if you have an MDDP or an RDP. First-time DUI offenders are eligible for an MDDP, which requires them to have a BAIID installed on any vehicle they drive during the suspension period. If a person has two or three DUI convictions or two statutory summary suspensions, they may be able to receive an RDP. The RDP will allow the offender to be able to drive as long as they drive only vehicles with BAIID’s installed and install BAIID’s on all vehicles registered in their name for five years.
BAIID Violations
If you have an MDDP or RDP, you are required to follow all rules of the permits, which includes using the BAIID when driving. The Illinois Secretary of State receives information from the BAIID every 60 days and reviews the usage. If the Secretary of State finds that there was a violation, a letter will be sent to the offender asking for an explanation for that violation. If the explanation is not sufficient, the offender’s summary suspension will be extended for three more months per violation or the permit will be canceled. Violators can also face a vehicle impoundment of 30 days if they were given three or more extensions to their license suspension. A fourth extension could result in vehicle seizure or forfeiture.
Are You Facing a Driver’s License Suspension?
Being charged with a DUI can carry serious consequences, like losing your driving privileges, but with the help of an Arlington Heights DUI defense attorney, you can fight to keep those privileges. Scott F. Anderson, Attorney at Law can help you get your MDDP or RDP and keep you behind the wheel. To schedule a consultation, call the office at 847-253-3400.
Source:
https://www.cyberdriveillinois.com/publications/pdf_publications/dsd_a118.pdf
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