Understanding BAIID Rules in Illinois

If you are dealing with a driving under the influence (DUI) conviction, you may have to have a Breath Alcohol Ignition Interlock Device (BAIID) installed in your vehicle. Understanding BAIID rules in Illinois is essential if you are facing a first-time DUI. First-time offenders are given the chance to use a Monitoring Device Driving Permit (MDDP) to keep driving privileges, provided that a BAIID is installed and properly used in the vehicle.

At Holley, Rosen & Beard, LLC, our Springfield DUI and criminal defense attorneys help provide aggressive, effective legal representation to protect your rights after an arrest.

How a Breath Alcohol Ignition Interlock Device Works

A BAIID is a breathalyzer device that measures a driver’s blood-alcohol content before the driver can start their vehicle. The driver must blow into the device, which will start only if the breath sample registers a BAC below .025. BAIID rules in Illinois also require the device to have a camera that will take a picture of the driver while performing the breath test. This is to keep the driver from cheating the system by having another person perform the test for them.

In addition to the initial startup process, the driver will be required to blow into the BAIID at random times while driving. While installed in the vehicle, anyone driving must use it properly. You are responsible for anything the device records, whether or not you are the driver.

Installing the BAIID

Illinois Secretary of State (SOS) provides a list of certified BAIID vendors that will install the ignition interlock device in your vehicle. You are responsible for all costs associated with renting, installing, and monitoring the BAIID. Vendor fees vary, but the SOS claims average charges associated are:

• $85 one-time installation fee to vendor
• $80 monthly BAIID rental fee to vendor
• $30 monthly monitoring fee to the SOS

If the state declares you as economically challenged, your costs may be waived.

Legal Implications of BAIID Rule Violations

Every 30 to 60 days, BAIID data is downloaded and reviewed. If there are any infractions, drivers will receive a notice requesting a formal explanation. Common BAIID rule violations include tampering with the device, failed tests, and not reporting proof of installation to the Secretary of State.

Any failed ignition startup attempts that cannot be explained will add a 3-month extension to your MDDP. Continued violations may result in the loss of your MDDP, vehicle impoundment, or total vehicle seizure. Operating a vehicle without an installed interlock while required to do so is a Class 4 felony under state law. Because penalties escalate quickly into costly and severe legal consequences, understanding BAIID rules in Illinois is vital.

MDDP Eligibility and Driving Restrictions

To qualify for a Monitoring Device Driving Permit in Illinois, you must be a first-time DUI offender, hold a valid driver’s license prior to the suspension, and be at least 18 years of age. An MDDP does not allow you to drive commercial vehicles and cannot be used if your DUI charges involved an accident resulting in great bodily harm or death.

Once approved, a MDDP gives you unrestricted driving privileges within the state, provided the vehicle is equipped with a functional BAIID at all times during the suspension period. If you are wondering if you are eligible for an MDDP or have questions regarding the BAIID rules in Illiniois, contact our team for a free initial consultation.