Monitoring Device Driving Permit (MDDP) for DUI in Illinois STAFF PICK

Posted over 5 years ago. Applies to Illinois, 10 helpful votes

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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.

6

Removal

Prior to the termination of your DUI based Statutory Summary Suspension, you'll need to pay your reinstatement fee to the Secretary of State (if you don't, the suspension will simply continue). After the suspension ends, you can go back to the installer and arrange for removal of the device from your vehicle. There is one other condition under which you might remove a BAIID early - if your attorney (presumably well-versed in DUI defense law) obtains a ruling from the Court rescinding your suspension, you can then remove the device as soon as that order takes effect. The monitoring fee paid to the Secretary of State, installation fee and rental fees up to that point will be gone, but so will the rental fees going forward.

Additional Resources

Illinois Secretary of State

Illinois Secretary of State MDDP general fact sheet

Illinois Secretary of State - BAIID providers

Illinois DUI defense attorneys

Cook county DUI defense lawyers

DuPage county DUI attorneys

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