DUI Defense Lawyer Serving Lake County
MDDP Driving Permit and BAIID
Any first-time DUI offender who wishes to obtain and is eligible for driving relief during the period of statutory summary suspension is required to have a Breath Alcohol Ignition Interlock Device (BAIID) installed on his/her vehicle.
To be eligible for driving relief, the court must order a Monitoring Device Driving Permit (MDDP) for an offender, and a BAIID will be installed on his/her vehicle through the Secretary of State’s office. An MDDP and installation of a BAIID allow an offender to drive anywhere at anytime as long as he/she is driving a vehicle installed with a BAIID. The Secretary of State’s office monitors and reads 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 choose not to petition for an MDDP and instead choose to restrain from driving during the suspension period. However, a DUI 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, a DUI 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. Penalties include possible imprisonment of 1-3 years, a minimum of 30 days in jail or 300 hours of community service, and fines of up to $25,000.
- A driver under age 18 is not eligible for an MDDP.
- A first-time DUI offender may request an MDDP from the court to allow unlimited driving during the statutory summary suspension. (A first-time offender is a driver who has not received a previous statutory summary suspension in the past five years, been convicted of DUI or assigned court supervision for DUI in Illinois, or who has not been convicted of DUI in another state within 5 years.)
- An offender must have a Breath Alcohol Ignition Interlock Device (BAIID) installed and maintained on any vehicle he/she plans to drive during the suspension period. An offender may drive anywhere at anytime once the permit is issued and the BAIID installed.
- An MDDP is not effective until the 31st day of the suspension.
- A commercial driver’s license holder may be eligible for an MDDP for base driving privileges if he/she is a first offender.
- An offender is ineligible for an MDDP if his/her driver’s license is otherwise invalid or if death or great bodily harm resulted from the DUI arrest.
- An offender is ineligible for an MDDP if he/she has previously been convicted of Reckless Homicide or Aggravated DUI that resulted in a death.
- The offender is responsible for all costs associated with the MDDP and BAIID.