FAQ Obtaining an Illinois Monitoring Device Driving Permit (MDDP) in Illinois (i.e. BAIID device)

Stephen John Klein

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DUI / DWI Attorney - Wheaton, IL

Contributor Level 6

Posted almost 5 years ago. Applies to Illinois, 13 helpful votes

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1

Can I get an MDDP?

In 2009, Illinois drastically changed the laws concerning the driving permits if you get a DUI. However, whereas the old law only allowed you to drive for work, school, or medical treatment, the new law will allow you to drive for any purpose as long as you follow the new law. What is a MDDP? MMDP stands for Monitoring Device Driving Permit. This means that in order to start your vehicle, you are going to need to blow into a breath alcohol interlock ignition device (also know as a BAIID) in order to start your vehicle. Also, the machine will periodically require you to blow into BAIID while driving in order to ensure that a sober person did not help you start your car. Am I eligible for a MDDP? Generally, if this is your first DUI in your lifetime, you are eligible. If you have not received a DUI suspension, supervision, or conviction within the last 5 years, you should be eligible for a MDDP. However, you still must have a valid driver's license to get a MDDP.

2

How long do I need to have a BAIID on my car?

The length of time you need to have a BAIID depends on whether or not you took the breath test at the police station. However, regardless of whether you took the breath test, you cannot drive for the first 30 days of your suspension. If you took the breath test and blew over .08, then the law requires you to have a MDDP for 5 months. If you refused the test, then the length is 11 months. After the first 30 days, you may drive for any purpose during the length of the suspension as long as you follow the rules. Do I have to get a MDDP? No! If you do want a MDDP, you do not have to get one. You must "opt out" in writing in open court. HOWEVER: IF YOU ARE CAUGHT DRIVING DURING YOUR SUSPENSION AND YOU DO NOT HAVE A MDDP, YOU COULD FACE UP TO 3 YEARS IN PRISON! (Bring your toothbrush!)

3

How do I get the MDDP?

Getting one's MDDP is a multi-step process: (1) After you are arrested for a DUI, the Illinois Secretary of State will send you a letter that indicates when your suspension begins, how long it lasts, and information on how to obtain your MDDP. (2) When you go to court and the judge finds that the summary suspension will remain in effect, the judge will ask you if you want an MDDP. (3) If you say "yes," the judge will send an order to the Illinois Secretary of State, who will then send you the necessary information on how to obtain your MDDP. (4) The Secretary of State will also tell you how much the MDDP costs. (5) Once you pay for the Secretary of State, they will send you the MDDP. (6) After you receive your MDDP, you have 14 days to install it. So check your mail!

4

How much does an MDDP cost and where do I get it?

How much does it cost? There are several costs for the MDDP. (1) Administrative Fee: $30 a month. You must pay upfront for the entire length of your suspension. Therefore, if your suspension is for 5 months, you must pay $150.00; for 11 months, it's $330.00. (2) Installation: The installation prices vary from company to company. The costs range approximately $75.00 - $100.00 (3) BAIID Rental: The private company also charges you for renting the BAIID for the duration of your suspension. Again, the fees range around approximately $85.00 a month. (4) BAIID De-installation: That's right. You need to pay the private company to remove the BAIID from your car as well, pricing varies. Where do I get my BAIID device installed? There are various different private companies that will install a BAIID device. Many of them are listed at: http://www.cyberdriveillinois.com/departments/BAIID/baiidhome.html However, when in doubt, GOOGLE!

5

What do I do when I get the MDDP?

What happens if I don't have it installed within 14 days? Then the Secretary of State will CANCEL your MDDP and it's gone forever. If you receive the MDDP after your 30 day suspension begins, you are permitted to drive only for the purpose of having your BAIID installed. How will the Secretary of State know if I've had it installed? After the Secretary of State sends you the MDDP, they will be waiting for a download from the private company who installed it on your car. After it's installed, that company will send the download to the Secretary of State. Which car do I have it installed on? Think of this way: If you are pulled over and the officer discovers that you are driving on a MDDP without a BAIID, you are going to the jail. So have it installed on any car you intend to drive! After I get my BAIID installed, is that it? Am I done? NO!!! You must take your vehicle with the BAIID device back to the installer every 30 -- 60 days. The installer will send a

6

How can I lose my MDDP?

There two main ways you can lose your BAIID: (1) Too many violations; or (2) If it is cancelled What is a violation? (1) Tampering or attempting to tamper with the BAIID (2) 10 or more unsuccessful starts within a 30 day period 3. 5 or more unsuccessful starts within a 24 hour period 4. BAC of .05 or more 5. Failing a running re-test 6. Failing to take a running re-test 7. Removing the BAIID device 8. Failing to utilize the BAIID as required (under-usage) 9. Failing to submit a timely monitoring report What happens if I get a violation? RECORD IT IN YOUR JOURNAL! These are the recommended penalties for violations: 1st Violation: the MDDP is extended for 3 months 2nd Violation: the MDDP is extended for another 3 months 3rd Violation: your vehicle will be impounded for 30 days. 4th Violation: your car will be permanently seized!

7

What do I do if I commit a violation?

If the Secretary of State determines that you committed a violation, they will notify you and you must respond, in writing, within 21 days. RECORD THE VIOLATION IN YOUR JOURNAL and call your lawyer. (1) Unsuccessful starting attempts (2) Failing to successfully complete a running retest (3) Any problem with the device (4) The name of the driver for each of the above

8

Can the BAIID device make mistakes?

Yes, machines are not perfect. Here are list of some substances that contain alcohol that might set off a "false positive" (1) Paint thinner (2) Lacquer (3) House-hold chemicals (4) Nail Polish/Remover (5) Cough medicine (6) Mouthwash (7) Perfumes/Cologne In addition, other non-alcoholic substances have been shown to produce false positives: (1) Sodas (2) Bread (3) Cigarettes What can I do to prevent false positives? Wait 20 minutes before using the BAIID if you've used any of the above-listed substances. Play it safe. When in doubt, RECORD THE EVENT IN YOUR JOURNAL.

9

How can my MDDP get cancelled?

Your MDDP will be cancelled if you: (1) Drive while your license is suspended or revoked (2) Flee or elude the police (3) Leave the scene of an accident (4) Drive recklessly (as defined by Illinois law) (5) Street race (6) Are convicted or receive court supervision for a crime that involves both alcohol or drugs AND a motor vehicle (7) Drive a vehicle not equipped with a BAIID (8) Solicit another person to blow into your BAIID What happens if my MDDP is cancelled? At the end of your suspension, you will NOT get your regular driver's license back. You will have to apply for a Restricted Driver's License (RDP), which is the same type of license people get after they've been convicted of a DUI. It will only allow you to drive to work or school. If you receive an RDP because your MDDP was cancelled, the length of the RDP is DOUBLE the length of the original suspension.

10

If I'm found not guilty on the DUI, do I still need the BAIID?

Yes. The up-front suspension of your driver's license (requiring the MDDP) is COMPLETELY SEPARATE from what happens in your criminal DUI case. Therefore, even if you are found not guilty on the criminal DUI, you still must keep the BAIID for the rest of your suspension.

Additional Resources

Illinois Secretary of State

BAIID Locations by Counties in IL

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