Illinois DUI Lawyer Blawg
Under Illinois DUI driver’s licensing law, there are two types of situations in which the installation of an Ignition Interlock Device (IID) may come into play. Both scenarios involve the same device, namely, a machine that is wired into the ignition of your vehicle, which will not start until you blow into a tube and register a blood alcohol level in an acceptable range.
Both circumstances in which the IID is involved have a name. One is the Monitoring Device Driving Permit (MDDP) and the other is the Breath Alcohol Ignition Interlock Device (BAIID).
A driver’s license suspension is a temporary “pause” in the validity of your driver’s license. Once the pause period ends, your right to drive will be restored unless it is otherwise invalid.
A revocation invalidates your license. You must have an administrative hearing with the Illinois Secretary of State and prove you are entitled to restoration of your privilege to drive before. 625 ILCS 5/6-205
During a DUI arrest, the police will ask you to submit to a chemical test (blood or breath) to determine your blood alcohol content (BAC). A refusal to submit to the chemical test, or taking the chemical test and registering at least .08, results in a driver’s license suspension. This suspension will be between six months and three years depending upon whether you blow and upon whether you have had a DUI in the prior five years. 625 ILCS 5/6-208.1
If you have had a DUI arrest in the prior five years, you may not obtain a permit to drive. If you have not had a DUI in the previous five years, you are eligible for an MDDP. 625 ILCS 5/6-208.1 Each time you start the vehicle, and while you are driving, you must blow into a tube.
If you blow too high, the car will not start. In addition, high readings are recorded and electronically sent to the Secretary of State BAIID division.
The BAIID division reviews the results. If they detect a potential violation, they send you a letter requesting an explanation. If BAIID accepts an explanation, nothing happens.
If the Secretary of State rejects an explanation, your original suspension is extended by three months for each reporting period. However, within a single reporting period, your suspension cannot be extended by more than six months (unless there is a camera violation discussed below).
A third extension of the suspension requires the Secretary of State to notify the State’s Attorney, who may impound your vehicle for 30 days. A fourth extension of your suspension may result in your vehicle being impounded and sold.
A common explanation for a potential violation is that someone other than the holder of the MDDP blew. Past practice had been to accept this explanation one time, with a warning to this effect.
Due to recently passed rules, beginning July 1, 2013, all Interlock devices must include a camera that will photograph the person blowing. It is considered a violation to obscure your face or block the camera. 92 Illinois Administrative Code, Section 1001.444 The idea is to eliminate the “someone else blew” explanation.
The BAIID process works differently. A BAIID permit is what you receive if you have a revoked license and require a hearing with the Illinois Secretary of State and receive driving relief and are BAIID eligible.
The consequences of a violation depend upon your risk level. If you are alcohol dependent and the Secretary of State rejects your explanation for a violation, your permit will be canceled. If you are not alcohol dependent and he rejects your explanation, you will be required to explain the violation at your reinstatement hearing.
It is considered a violation of the BAIID program to obscure the camera. In addition, it is a violation to use a device (“Blow Clean”) that is designed to trick the IID into think you do not have any alcohol. 92 Illinois Administrative Code, Section 1001.441