BAIID

Published on: December 3, 2010

Consequences of violation of the Illinois MDDP

Since January 1, 2009, Illinois has authorized the issuance of Monitoring Device Driving Permits (MDDP). An MDDP allows you to drive for any reason, at any time, for any distance, during the statutory summary suspension. The statutory summary suspension occurs if you refuse to take a breath test, or take the test and register above the legal limit of .08.

In exchange for receiving driving privileges, you must agree to have a machine that tests for alcohol installed on any vehicle your drive (unless it is your employer’s vehicle). The machine records the breath results and transmits them to the Illinois Secretary of State. You pay the Secretary of State to administer the program and you pay the provider of the machine to install, maintain and monitor the machine.

You cannot have an MDDP (or otherwise drive) if you have had a DUI arrest in the past 5 years. Even if you have not had a DUI arrest in the past 5 years, you do not qualify for the program if you:

1. Have an otherwise invalid driver’s license.
2. Were charged with a DUI that resulted in death or great bodily harm.
3. Had a previous conviction for reckless homicide.
4. Are less than 18 years of age.
5. Are convicted of the DUI. In such cases, you may have a Restricted Driving Permit hearing with the Illinois Secretary of State.

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Published on: May 19, 2010

Some question reliability of the Breath Alcohol Interlock Ignition Device (BAIID)

By Theodore Harvatin

As any lawyer familiar with Illinois DUI laws is aware, since January 1, 2009, Illinois has allowed drivers suspended for DUI to obtain a driving permit upon installation of a BAIID machine. Some commentators have questioned whether the MDDP program is effective.

The BAIID machine is part of the MDDP program. Evidence exists that the BAIID machine provides false alcohol readings caused by pizza, mouthwash, cough medicine and other substances other than alcohol. Therefore, we arguably have a program that is not only ineffective but also unfair.

The MPPD program comes into play when your license is suspended before you conclude your DUI case. On the other hand, if you are convicted of the DUI, your license will be revoked and you must have an Illinois Driver’s license reinstatement hearing with the Illinois Secretary of State.

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Published on: January 11, 2010

Breath Alcohol Interlock Ignition Device (BAIID) not always required for Illinois Driving Under the Influence (DUI) convictions

By Theodore Harvatin

Not every person who has a Driving Under the Influence conviction (DUI) is required to have the Breath Alcohol Interlock Ignition Device (BAIID) (“breath machine” or “blow machine”).

The Breath Alcohol Interlock Ignition Device (BAIID) comes into play in many but not all Restricted Driving Permit (RDP) and reinstatement cases. The purpose of the machine is to detect alcohol on your breath.

If you are issued an RDP and are required to have a BAIID, you must hire a licensed installer to place the BAIID in any vehicle you intend to operate while the permit is in effect. The vehicle will not start unless you blow into a tube that is connected to the motor vehicle’s ignition system.

In addition, while the car is moving, at random intervals you will be required to blow into the tube. The results are stored electronically in a computer chip that is part of the BAIID machine.

On a monthly basis, the results of the readings are electronically transmitted to the Secretary of State. If there are alcohol readings, the Secretary of State will mail you a letter requesting an explanation.

If the explanation is acceptable, that is the end of the inquiry. If the Secretary of State rejects the explanation and you are classified as alcohol dependent, the Secretary of State will cancel the permit or license. In that case, he will not give you a hearing to request a new license or permit for a year unless you successfully contest the cancellation by persuading a hearing officer that the alcohol readings and resulting cancellation were in error.

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