An Illinois motorist facing a DUI may be able to drive during all but the first 30 days of a Statutory Summary Suspension. A Monitoring Device Driving Permit (MDDP) is available, requiring the installation of a Breath Alcohol Ignition Interlock Device (BAIID). Here's a look at the nuts and bolts.
1
First appearance in court
If you are a DUI defendant, and have been notified of suspension because of an Illinois DUI arrest, then on the first court appearance date, the Judge will inform you of the availability of the MDDP. You may either request issuance of the permit, or can "opt out" and decline. A defendant who declines can go back later and request the permit, but be aware that at least two factors should inform this decision: 1) driving while suspended after declining the MDDP is a felony offense, and 2) the permit doesn't issue instantly, and a few weeks at least pass between the application to the Court and your ability to use the permit to drive. If you're indigent, there is a fund to assist with the costs, and now is the time to ask. Additionally, if your employer requires you drive vehicles without a BAIID, there is an exemption, and this is the time to apply.
2
Eligibility determined by the Secretary of State of Illinois
After the Court accepts your application, the Clerk of Court will send it to the Secretary of State. The Secretary of State will review your records to ensure you are eligible. Among the requirements are no DUI or DUI-based suspension within the last 5 years, no reckless homicide ever, and otherwise valid driving privileges. In other words, if your driver's license is suspended for any reason (emissions, multiple moving violations) the Secretary of State will decline to issue the MDDP.
3
Permit issued
Assuming you qualify and have paid the monitoring fees, the Secretary of State will send the permit to the address you provided. You then have 14 days from the date of issuance of the permit to install the BAIID device. Failure to install within that 14 days results in cancellation of the permit.
4
BAIID installation
There are a number of providers available, and a link to that information contained on the Secretary of State's website is below. Installation costs are generally $80-$100, and then monthly maintenance is about $80/month. You'll also need to pay the Secretary of State of Illinois a $30/month reporting fee, and that is due all in advance. If you have a 6 month suspension, you'll need to pay $150. A 12 month suspension will require a $330 fee for monitoring. Naturally, that fee will be collected even before the MDDP is issued.
5
Living (and driving) with the MDDP and BAIID
Where can you drive with an MDDP? Anywhere, anytime for any legal reason - even other states. The alcohol limits are set very low on the BAIID - even one average drink for an average person is too much. To be safe, avoid anything that has alcohol - from cough medicines to mouthwash. The BAIID will be checked, read and recalibrated on a regular basis (every 60 days). Be aware that multiple violations (attempts to start the vehicle despite a breath alcohol reading that's too high) will result in an extension of the time of the permit at best, and cancellation at the least.
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