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Revisions to the Monitoring Device Driving Permit (MDDP) in Illinois

Posted by attorney Ted Harvatin
Filed under: Homicide

If your driver's license has been suspended in Illinois for Driving Under the Influence (DUI), you may be eligible for a Monitoring Device Driving Permit (MDDP) during the time of your suspension. When you are arrested for DUI, you will be asked by the police to submit to a breath or blood test to determine whether your blood alcohol concentration (BAC), the level of alcohol in your blood, exceeds the legal limit. In Illinois, as in all other states, the legal limit is .08. If you provide a breath or blood sample that exceeds .08, or you refuse to provide the police with a sample, your license will be suspended.

If you are not a first offender and you provided a sample that tested over the legal limit, your license will be suspended for a period of one year, or if you refused to provide a sample, your license will be suspended for a period of three years. Unlike a revocation of your driving privileges, a suspension ends automatically when the suspension period is over.

The law is designed to encourage submission to testing to make it easier for the police to prove their case against you. A non-first offender is not eligible for a Restricted Driving Permit (RDP) during a suspension. A repeat offender must think long and hard before refusing to provide a breath or blood sample. Three years is a long time to be without your driving privileges.

If you have not been arrested for a DUI within the last five years, or your have been arrested for DUI for the first time, you are considered a first offender and your suspension time will be shorter. Even if you have had multiple previous DUI arrests, but the last one was more than five years ago, you are still considered a first-offender for MDDP purposes. As a first offender, you may be eligible for an MDDP.

A first offender who submits a breath or alcohol sample for testing and fails will be suspended for six months. If you refuse to submit a sample you will be suspended for twelve months. After serving the first thirty (30) days of the suspension, the first offender may be eligible for the MDDP.

You, as a first offender, will not be eligible for the MDDP if your license is currently invalid (revoked for DUI for example); the current DUI resulted in a death or great bodily harm; you have a reckless homicide conviction on your record, or you were under the age of 18 when you received your DUI.

With an MDDP you may drive anywhere, at any time, for any reason and with no restrictions (unlike a Restricted Driving Permit). You must, however, comply with the BAIID program at your expense, including installing a Breath Alcohol Ignition Interlock Device on any vehicle you operate or own.

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