DUI Defense Lawyer Serving Lake County

MDDP Driving Permit and BAIID

Any first-time DUI offender who wants to regain driving privileges during a suspension period must have a Breath Alcohol Ignition Interlock Device (BAIID) installed inside his or her vehicle. If you need help regaining your driving privileges after a drunk driving arrest, get in touch with a Buffalo Grove DUI defense attorney.

At The Law Offices of Matthew R. Gebhardt, P.C., we understand the criminal and civil procedures that go into a DUI case. When you work with our firm, we will do everything we can to protect your right to drive, drawing on over two decades of legal experience.

What Is a Monitoring Device Driving Permit?

A judge can approve driving relief through a Monitoring Device Driving Permit, often called an MDDP. This permit works alongside a Breath Alcohol Ignition Interlock Device, known as a BAIID, which gets installed in the offender's vehicle through the Secretary of State's office. Once the BAIID is in place, the permit holder can drive at any time and to any location, provided the vehicle with the device is the one being used. The Secretary of State's office keeps track of the device for the entire length of the permit, and the system sends an alert if the driver tries to start the car after drinking or attempts to disable or bypass the device.

Some offenders decide against applying for an MDDP and instead avoid driving altogether while their license is suspended. This choice comes with serious risk. Anyone who skips the program and gets caught driving during the suspension faces a Class 4 felony charge. The same charge applies to someone who joins the BAIID program but is later caught driving a vehicle that does not have the device installed. A conviction on this charge can bring one to three years in prison, along with a mandatory minimum of either 30 days in jail or 300 hours of community service, plus fines reaching as high as $25,000.

Eligibility for a Monitoring Device Driving Permit in Illinois

Illinois does not grant MDDPs lightly. Before applying for a permit, be sure to check if you are eligible first based on the factors below:

• A person facing a first DUI charge can ask the court for an MDDP, which allows unrestricted driving during the statutory summary suspension. To count as a first-time offender, the driver must not have faced a statutory summary suspension in the previous five years, must not have a DUI conviction or DUI court supervision in Illinois during that time, and must not have a DUI conviction from another state within the same five-year window.
• Anyone granted an MDDP must install and keep up a Breath Alcohol Ignition Interlock Device, or BAIID, in every vehicle they intend to drive while suspended. Once the permit is issued and the device installed, the driver can operate the vehicle at any time and in any location.
• An MDDP does not take effect until after the 30th day of suspension.
• Someone holding a commercial driver's license may still qualify for an MDDP covering base driving privileges, but only as a first-time offender.
• A driver is barred from receiving an MDDP if the license is invalid for other reasons, or if the DUI involved a death or great bodily harm.
• An MDDP is also unavailable to anyone previously convicted of reckless homicide or an aggravated DUI that caused a death.

The offender is responsible for all costs associated with the MDDP and BAIID.

Information About Illinois BAIID Programs in Lake County

You must pay all costs associated with both the installation and the continued monitoring of your BAIID—unless the court deems you indigent. Additionally you will pay a monthly monitoring fee to the Secretary of State's office. Some facts about the BAIID include:

• You will have to blow into the device prior to starting your vehicle each and every time. If your breath sample measures 0.025 or above, your vehicle will not start.
• In addition to the initial breath sample to start your vehicle, you will be required to blow in the device at random intervals throughout your trip.
• Anyone who drives your vehicle must blow in the BAIID device.
• Information from your BAIID will be downloaded every one to two months by the office of the Secretary of State.

Any violation will result in your having to justify the circumstances surrounding the violation. Should you neglect to respond or the Secretary of State's office finds your explanation insufficient, your driver's license suspension can be prolonged for another 90 days per violation.

Contact a Buffalo Grove, IL DUI Driving Permit Lawyer

Losing driving privileges after a DUI charge can make everyday responsibilities much harder to manage. Whether you are trying to get to work, care for family, or handle daily errands, having a clear path toward a driving permit is important. Contact our Buffalo Grove DUI driving permit attorney or call 847-239-4703 to schedule a free consultation with The Law Offices of Matthew R. Gebhardt, P.C..