Illinois Breath Alcohol Ignition Interlock Laws

Illinois DUI Laws

All DUI offenders in Illinois are required to have a breath alcohol ignition interlock device (BAIID) installed in order to have their driving privileges restored during a period of suspension or revocation. Both the IL Secretary of State’s Office in charge of licensing and the courts are involved in DUI-related suspensions and revocations.

Illinois Administrative Per Se Suspension: At the time of your arrest, you lose your license temporarily, and can have it reinstated after waiting a certain amount of time and paying a reinstatement fee. In Illinois, there is a summary (automatic) suspension by the arresting officer when you fail or refuse a breath test. These suspensions take effect 46 days from the date of notice of suspension.

Illinois License Revocation: If you are convicted in court with a DUI, or are involved in an alcohol- or substance-related accident causing injury or death, your license will be revoked, meaning your driving privileges are taken away with no guarantee of restoration. In order to have a revoked license reinstated, you must satisfy the Secretary of State that reinstatement is warranted

Your suspension has nothing to do with your court prosecution for DUI. In Illinois, you can be found not guilty of DUI in court but still have a suspended license, or you can have your suspension lifted but still be convicted and have a license revoked. It is illegal to drive in Illinois with a blood alcohol concentration (BAC) of .08 percent or more. However, you can be convicted of DUI with a lower BAC level if your driving ability is impaired.

If you have had your license suspended you can apply for a Monitored Device Driving Permit (MDDP). This will allow you to drive with a BAIID installed until your suspension is over. If your license has been revoked, you cannot apply for an MDDP, and the revocation cancels any MDDP you might have received before your conviction. You can, however, apply for a Restricted Driving Permit, or RDP in Illinois. A BAIID will usually be required as a condition of the RDP.

There is a difference between the two types of Illinois licenses. An MDDP will allow you to drive anywhere at any time while an RDP lets you drive from home to work, including work-related duties. An RDP also lets you take yourself or family members for medical care, to alcohol or drug treatment facilities, or to school.

PLEASE NOTE: Driving without a BAIID during your suspension in Illinois is a Class 4 Felony, punishable by jail terms of up to three years and fines up to $25,000. The cost of a LifeSafer Ignition Interlock is much less and a BAIID must be installed on all vehicles you wish to operate. For more details, visit the Illinois Secretary of State’s website.

State Ignition Interlock Application