Illinois state laws allow the courts to order the installation of a breath alcohol ignition interlock device (BAIID) in some cases of driving under the influence (DUI). The BAIID uses advanced technology to use a sample of the driver’s breath to measure the driver’s blood alcohol content. The BAIID is wired to the vehicle’s ignition. Prior to starting a vehicle, the driver must provide a breath sample by blowing into the device. If the device detects a breath alcohol content that is 0.05 or higher, the vehicle will not start. If the breath sample is negative for alcohol, the driver will be able to start the vehicle. While the offender is operating the vehicle, the BAIID will alert the driver to submit a random breath sample. BAIIDs must be obtained from providers that are certified by the State of Illinois.
The BAIID must be serviced by the certified installer at the frequency defined by the installer. At a minimum, the BAIID will be serviced thirty days after the installation and every sixty days thereafter for as long as the device is required to be installed on the offender’s vehicle. The installer will inspect the device during the service appointment, including reporting all breath sample data to the state. If violations are found on the device, the offender’s statutory summary suspension period will be extended in three-month increments or driving privileges may be canceled.
When an individual is convicted of DUI, normal driving privileges are suspended. Individuals convicted of DUI who wish to drive during the statutory summary suspension of their driving privileges may obtain a restricted driving permit or, in some cases, a monitoring device driving permit. The restricted driving permit allows offenders to drive from their residences to work, including employment-related duties; to medical care for themselves or a family member; to alcohol or drug treatment facilities for themselves or a family member or to school. The offender must obtain the court’s permission to obtain a restricted driving permit. If the court approves the restricted driving permit, the offender must pay a BAIID fee of $360 and a restricted driving permit fee of $8. Unlike the restricted driving permit, the monitoring device driving permit allows first-time offenders to drive a BAIID-equipped vehicle anywhere and at any time. Offenders who obtain a monitoring device driving permit and operate vehicles that are not equipped with BAIIDs are subject to additional legal action, including a Class 4 felony.
Offenders may be eligible for restricted driving permits during the suspension of their driving privileges. First time offenders must have BAIIDs installed on vehicles they wish to operate in order to drive during the statutory summary suspension. A BAIID is required for individuals seeking a restricted driving permit who have two or three convictions for DUI, two statutory summary suspensions as a result of two DUI arrests within a period of ten years or once conviction for DUI with a statutory summary suspension from a separate DUI arrest within ten years. Offenders who have two or three DUI convictions and are seeking a restricted driving permit must install BAIIDs on all vehicles registered wholly or partially in their names. For these offenders, the BAIIDs must remain installed in all vehicles for a period of 12 consecutive months. Offenders who have two or three DUI convictions, but choose to not obtain a restricted driving permit, are required to install BAIIDs on all vehicles registered wholly or partially in their names as a condition of having their regular driver’s licenses fully reinstated.
The monitoring device driving permit is available for first-time offenders. This permit allows offenders to serve 30 days of the statutory summary suspension and then install BAIIDs in any vehicles that the offenders plan to drive. The monitoring device driving permit does not allow offenders with commercial driver’s licenses to operate commercial vehicles.
The offender is responsible for any and all costs associated with the Breath Alcohol Ignition Interlock Device. Costs include an installation fee of $100, a monthly service fee of approximately $80 and a monthly monitoring fee of $30. The installation fee and monthly service fee are paid to the certified installer. The monthly monitoring fee is paid to the Illinois Secretary of State.
Additional Resources About Ignition Interlock Laws in Illinois
Illinois Breath Alcohol Ignition Interlock Device (BAIID) Program
Illinois BAIID and MDDP Program
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