If you are first time DUI offender in Illinois, you may be eligible for driving relief during your Statutory Summary Suspension (SSS). You are eligible to receive a Monitoring Device Driving Permit (MDDP) from the secretary of state after the 31st day from the effective date of the suspension. This permit will allow you to drive to any location at anytime during your suspension with the requirement that you drive a car equipped with a Breath Alcohol Ignition Interlock Device (BAIID). You may opt to not participate in the BAIID program, but you will not be eligible for any other driving relief during your SSS. If you opt out of the program and are subsequently caught driving during your SSS, you will be guilty of a class 4 felony. A class 4 felony is punishable by a prison sentence of 1 to 3 years in prison.
You are ineligible for a MDDP under the following circumstances:1) your driver’s license was otherwise invalid at the time of the DUI arrest; 2) if death or great bodily harm resulted from this DUI arrest; 3) you have previously been convicted of reckless homicide or aggravated DUI, which resulted in a death; 4) you are a CDL holder to operate a CMV during the SSS; 5) If you failed a chemical test or refused a chemical test for DUI in the past 5 years (not including this arrest); 6) if you are under age 18 years old.
There are restrictions that surround your MDDP. Your MDDP will not be effective until the 31st day of your SSS. You will be required to use an Illinois certified BAIID provider to install/monitor a BAIID on any vehicle you will be driving during your SSS. If you are found driving a car without a BAIID during the SSS you can be found guilty of a class 4 felony and be sentenced to prison. However, exemptions do apply for the MDDP. If you will need to drive employer owned vehicles during the course of your work hours and the car is not specifically assigned to you, you may be eligible for a work exemption for the driving you do on work hours. If you believe you are eligible for this exemption, please bring your employers name, address, and phone number with you to court so that the Illinois Secretary of State can contact them for verification.
At your court appearance, inform the Judge of your desire to obtain an MDDP. You will then fill out an application, which will be forwarded to the Illinois Secretary of State’s office for processing. After the Secretary of State receives your application your records will be reviewed for eligibility. If you are eligible and have paid all of the fees, your MDDP will be issued. You are not eligible to receive an MDDP until the 31st day of your SSS. The Secretary of State will issue the MDDPs as efficiently as possible. However, this process can take several weeks.
Once your MDDP is issued, you will have 14 days to have a BAIID installed on any and all cars you wish to drive during your SSS. From the date it is installed, the BAIID will be read once every 60 days. However, if the BAIID detects an accumulation of 5 violations, your machine will be recalled early for monitoring. The Secretary of State”��s office will evaluate the results and determine if there have been any violations of the program during that monitoring period. If no violations are detected, no further action will be taken. If there are violations, the Secretary of State will send a letter giving you an opportunity to explain the violation. If you do not respond to this request or your explanation is deemed insufficient, your SSS may be extended for an additional 3 months and you will submit to monitoring every 30 days and/or your MDDP may be cancelled.
Cost will depend on the length of your SSS. You will be required to pay a $30 per month non-refundable, monitoring fee to the Illinois Secretary of State for the length of the MDDP. This fee will be paid in full, upfront before the MDDP is issued. For the actual device, you will have to pay an installation fee, monthly rental fees and calibration fees. The installation fee is $80-$100. It is $85 per month rental fee for device. There is a $100 recalibration fee for device every two months. With every installation fee, there is a $100 de-installation fee. For further information, please visit Kane County DUI Attorney, your Local DUI Attorney or the DUI Blog.
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