When a person is facing a Statutory Summary Suspension of their driver’s license as a result of a DUI arrest, that incident can result in a significant impact on their ability to drive to work or otherwise provide transportation for themselves or their loved ones. An option to keep driving during the period of the suspension which is available for those who are considered first offenders in Illinois is the use of Breath Alcohol Ignition Interlock Device (BAIID) and the Monitoring Device Driving Permit (MDDP). In this article, we’ll discuss the Breathalyzer device, MDDP, and their implications in Illinois.
Monitoring Device Driving Permit (MDDP)
The Monitoring Device Driving Permit (MDDP) is a unique program in Illinois that allows individuals arrested for DUI to continue driving with certain restrictions. First-time offenders who have had their driver’s license suspended due to a DUI arrest are eligible for the MDDP. A first offender, for the purposes of an Illinois Driver’s license is someone who has not had a DUI or Statutory Summary Suspension within the previous 5 years. The MDDP will allow an individual subject to a Statutory Summary Suspension to drive during the period the suspension 24 hours a day, seven days a week. In order to be validly driving during the period of the suspension, a person must have the MDDP and the BAIID device described below.
Breath Alcohol Ignition Interlock Device
A BAIID device is a sophisticated device that works as a breathalyzer attached to a vehicle’s ignition system and is installed in the motor vehicle and measures a person’s blood alcohol concentration (BAC) by analyzing their breath. The driver must blow into the device before starting the car, and if their BAC is above the preset limit (usually 0.025%), the vehicle will not start. Illinois requires that a camera be a part of the unit and takes a picture of the driver submitting the sample. The device logs any events which register alcohol and those events are reported to the Illinois Secretary of State. The Secretary of State will contact the driver for an explanation of any recorded alcohol samples. Unsatisfactory explanations may result in an additional extension of the suspension period. While the device requires a breath sample to start the car, many people are unaware that the device will require further samples during the travel trip as well. This device is usually obtained through a private vender who will provide the device for a monthly fee.
Obtaining an MDDP
To obtain an MDDP, a driver must meet certain eligibility requirements, including:
1. Having a valid Illinois driver’s license at the time of the DUI arrest.
2. Not having caused death or great bodily harm in the DUI incident.
3. Not having a prior conviction for DUI or reckless homicide.
If eligible, a driver must submit an application for MDDP to the Secretary of State. The department will usually take about 2 weeks to review the application and will send a follow up letter to the applicant indicating the fees to be paid for the MDDP. Once the applicant has mailed back the fees for the MDDP, the department will mail the actual MDDP. Once approved, the driver is responsible for the costs associated with the BAIID installation and maintenance.
Employer Exemption
In order to validly drive during the course of a Statutory Summary Suspension, a person must have the MDDP and the BAIID installed in the vehicle they are driving. If an applicant drives a vehicle for their employer during the course of their work, they may consider applying for an employer vehicle exemption. In order to be eligible, the employer must approve this with the Secretary of State. In addition, the specific employer vehicle cannot be assigned to an MDDP applicant as a personal use vehicle as well.
Written by Attorney Mike Doyle
Rockford DUI Attorney