Illinois DUI Lawyer Blawg
Mothers Against Drunk Drivers (MADD) is convinced that the answer to DUI (Driving Under the Influence) is to require anyone convicted of DUI to install an ignition interlock device. In Illinois, this is known as a Breath Alcohol Ignition Interlock Device (BAIID)
A machine designed to measure the alcohol content of your breath is wired into your vehicle’s ignition. The device has a mouthpiece attached to it. You must blow into the mouthpiece and not register above a certain alcohol level in order for your vehicle to start. The results of all breath samples are stored and provided to the Illinois Secretary of State. 92 Ill. Adm. Code §1001.441
MADD, along with the manufacturers and installers of the BAIID machines, relentlessly promote the use of this device. After all, if the DUI “crisis” were ever alleviated, neither organization would have a reason to exist.
These organizations use their lobbying and campaign contributions at both the federal and state level. Their latest target is Massachusetts. They are promoting that first time DUI offenders be required to use an interlock device. It is a safe bet that at some point, they will set their sites on Illinois.
The law in Illinois with relation to when BAIID is required is more than a little confusing for someone who does not specialize in DUI. There exist two separate situations in which BAIID is required and within each of those situations, there are exceptions to the requirement.
To understand the differences, you must keep in mind that there are two prongs to a DUI arrest. At the time of a DUI arrest, the police will ask you to submit to a blood or breath test to determine what your blood alcohol content is. 625 ILCS 5/11-501.1
If you choose to submit to testing and register a level of .08 or greater, those results can be used against you in the DUI prosecution, as operating a motor vehicle with a BAC above .08 is illegal, or in other words, a crime. 625 ILCS 5/11-501 Even if you elect not to submit to testing, the state can charge you with driving while impaired by alcohol, or in other words, straight DUI.
Upon being convicted of a DUI, you face criminal consequences, (jail and or fines). For purposes of BAIID issues, the more important consequence of a DUI conviction is a driver’s license revocation.
Once your driver’s license is revoked because you were convicted of DUI, you must have a hearing with the Illinois Secretary of State. 625 ILCS 5/6-208 As Illinois law presently stands, you are not required to have BAIID in the event you are issued a restricted driving permit (RDP) or full reinstatement if this is your only DUI disposition in this or any other state. 625 ILCS 5/6-205(c) and 6-206(c)3
Furthermore, if you have had a previous DUI arrest and avoided being convicted of the DUI and your statutory summary suspension from the earlier arrest was rescinded, you are not BAIID required. And if you were not convicted of a prior DUI and received an SSS but the previous SSS was more than 10 years ago, you are not BAIID.
If you had a prior SSS within 10 years of the present DUI, or if you had a DUI-related driver’s license conviction in another state but were not convicted of the out-of-state DUI, you are BAIID required only if you are granted an RDP. If you are reinstated, BAIID is not required unless you have two or more convictions on your Illinois driving record.
If your Illinois driving record shows two or more DUI convictions, including out-of-state convictions that the convicting state reported directly to Illinois, you are what is known as a “BAIID Multiple Offender” 92 Ill Adm. Code §1001.410 This designation brings with it several consequences.
First, you must carry a BAIID device for 365 consecutive days. Second, this requirement applies even if your driver’s license is fully reinstated. Finally, the BAIID must be installed on any motor vehicle that you operate, unless you are reinstated, and on any motor vehicle in which you have an ownership interest, whether you receive an RDP or are reinstated.
You may be entitled to drive while your SSS is in effect, if you are eligible for a Monitoring Device Driving Permit (MDDP). Only “first offenders”, as that term is defined by 625 ILCS 5/11-500, are eligible for an MDDP. This permit is essentially available only if you have not had a DUI in the past five years. If you are MDDP eligible, you must use a BAIID device during the entire time the MDDP is in effect.