How Does a Monitoring Device Driving Permit Work?

 Posted on April 20, 2023 in Criminal Law

There are two main categories of penalties in an Illinois drunk driving case: administrative penalties and criminal penalties. You must be convicted, or found guilty, of driving under the influence to be subject to criminal penalties such as community service or jail time. However, administrative penalties are enforced whenever somebody fails or refuses to take a chemical blood alcohol concentration test. Typically, the administrative penalties for a DUI arrest include suspension of your driver's license. Once your license is suspended, it is illegal for you to drive a motor vehicle. Fortunately, there may be a way to regain the ability to drive legally before your suspension is over through a Monitoring Device Driving Permit (MDDP).

Criteria for a Monitoring Device Driving Permit

If you or a loved one were arrested for driving under the influence, you may be exploring your options. Illinois recognizes that many people need to drive to be able to work, transport children to and from school, or take care of other vital needs. If this is your first DUI or you have not had any DUI charges within the past five years, and you are 18 years or older, you may be able to get an MDDP. However, you do not qualify for this permit if your license was already suspended at the time of the DUI arrest or you are accused of causing a drunk driving accident resulting in injury or death.

Breath Alcohol Ignition Interlock Device (BAIID)

To receive an MDDP and regain your driving privileges, you must get a breath alcohol ignition interlock device or BAIID installed on your vehicle. You can only drive the vehicle or vehicles that have this device installed.

A BAIID Is a device that measures the amount of alcohol on somebody's breath. Once it is installed in your car, you cannot start the vehicle until you have blown into the mouthpiece and submitted a breath sample. The device will analyze the breath sample and determine if there is any alcohol on your breath. If no alcohol is detected, the vehicle starts up and you are able to drive. However, if there is any detectable alcohol, the vehicle will not start. You will have to wait until there is no more alcohol in your system and try again.

In Illinois, BAIIDs are sophisticated devices that cannot be tampered with. The device takes a picture of the person submitting a breath sample, so there is no way to cheat the system by having somebody else blow into the device. Tricks such as using mouthwash, chewing mints, or drinking a significant amount of water before blowing into the device do not work. The ignition will only engage if your system is free of alcohol. Many people find that a BAIID not only allows them to drive without the risk of being arrested for driving on a suspended license, it also serves as an accountability tool that helps them kick their alcohol habit.

Contact our DuPage County Drunk Driving Defense Lawyers

If you or a loved one has been arrested for driving under the influence, our Wheaton DUI defense lawyers can offer the legal help and support you need. Call 630-580-6373 for a free consultation.

Source:

https://www.ilsos.gov/publications/pdf_publications/baiid3.pdf