Will County BAIID Requirements for RDP

BAIID Requirements for RDP in Illinois

In Illinois, first-time DUI offenders are required to install a Breath Alcohol Ignition Interlock Device (BAIID) on any vehicles they drive. This type of device will require a driver to give a breath sample, and a vehicle will not start if the device registers alcohol on the person's breath. Illinois law also requires BAIIDs to include cameras that will capture a driver's image when they are using the device.

Permits That Require BAIIDs

People who have been arrested for DUI for the first time or those who are convicted of first-time DUI charges can usually receive a Monitoring Device Driving Permit (MDDP), which will allow them to drive with no restrictions as long as they have a BAIID installed on their vehicle(s). The use of a BAIID will be monitored by the Illinois Secretary of State during the period that a person's MDDP is valid. The Secretary of State will be alerted if a person attempts to drive while under the influence of alcohol.

A person who has had their license suspended or revoked may choose not to receive an MDDP and use a BAIID, and they will not be allowed to drive during the period in which their license is suspended. However, if a person without an MDDP is accused of driving during their suspension period, they may face Class 4 felony charges. Additionally, a person who receives an MDDP but drives a vehicle that is not equipped with a BAIID may also be charged with a Class 4 felony.

A person who is convicted of DUI for a second or third time may receive a Restricted Driving Permit (RDP), which will also require them to install a BAIID on their vehicle(s). RDPs may also be available for drivers who have received two driver's license suspensions following DUI arrests or who have been convicted of DUI after previously receiving a license suspension. In general, a person will be required to drive under the restrictions of an RDP and use a BAIID for five years before they can receive a full reinstatement of their driving privileges.

A Restricted Driving Permit (RDP) will only allow a person to drive for certain specified purposes. In most cases, a person with an RDP will be able to drive for employment purposes, and depending on the terms of their permit, they may also be allowed to drive to attend medical appointments, address the needs of children or other family members, or perform routine errands such as grocery shopping.

If a person is convicted of DUI for a fourth or subsequent time, they will usually only be able to apply for an RDP after a five-year waiting period following the revocation of their driver's license. Drivers who receive RDPs in these situations will usually be required to use a BAIID on any vehicles they drive for the rest of their lives.

Fees Related to BAIIDs

A driver will be required to pay all expenses related to installing, operating, and maintaining a BAIID. These fees may include:

• Installation fees, which average around $85
• Rental fees, which average around $80 per month and must be paid to the BAIID vendor
• Monitoring fees, which are $30 per month that must be paid to the Secretary of State

What Drivers Need to Know About BAIIDs

A BAIID will measure a person's blood-alcohol content (BAC). If the breath sample provided by the driver shows that they have a BAC of .025 percent or higher, the BAIID will prevent them from starting their vehicle. In addition to providing a breath sample before starting their car, a device may also require additional breath tests at random times while a person is driving.

Data is downloaded from a BAIID to the Secretary of State every 60 days. If any violations have been registered during this time, the Secretary of State will notify the driver and request an explanation. Failure to respond to these notifications or failure to provide sufficient explanations will result in an extension of the time that a driver is required to use a BAIID. Each violation may result in a three-month extension, and in some cases, the Secretary of State may choose to cancel the driver's MDDP or RDP.

After receiving a violation notice from the Secretary of State, a driver must provide a written response within 21 days. If the Secretary of State is satisfied with the explanation, no further action will be needed. However, if a driver is classified as a High-Risk Dependent and registered a BAC of .05 percent or more, or if BAIID readings show a pattern of alcohol consumption, a non-accepted response will be made a part of their record, and it will be addressed at the time of a license reinstatement hearing. If the Secretary of State is unsatisfied with the explanations provided for BAIID violations, it may refuse to reinstate a person's driver's license or refuse to allow a driver to continue driving on an MDDP or RDP.

If a driver receives three extensions, their vehicle may be impounded by the Secretary of State for 30 days. Four extensions may cause the Secretary of State to issue an order that their vehicle should be seized, and ownership of the vehicle may be forfeited.

BAIID Violations

Drivers may be required to provide explanations to the Secretary of State for violations such as:

• Ten or more unsuccessful attempts to start the vehicle
• Failing to complete a retest while the vehicle is running
• A BAC reading of .05 percent or higher
• A pattern of alcohol use by a person classified as a High-Risk Dependent
• A report showing that a person attempted to tamper with the BAIID
  

In general, a failure to complete a rolling retest or ten unsuccessful attempts to start the vehicle during the first 30 days of monitoring will not be considered a violation. In these cases, a driver will receive a warning letter. However, repeated violations may require a driver to provide explanations, and they could face the extension of an MDDP or RDP or other penalties.

Certain types of violations could result in the cancellation of a permit. These include removing a BAIID from a vehicle before the end of the applicable time period, failing to have a BAIID monitored by a provider, operating a vehicle while bypassing a BAIID, or a new DUI arrest.

If a driver received a full reinstatement of their driving privileges before a BAIID violation was reported to the Secretary of State, the reinstatement of their driver's license may be canceled. If an RDP was canceled as a result of a BAIID violation, a driver cannot receive a new Secretary of State hearing until 90 days after the date of cancellation unless they are able to successfully contest the cancellation.

Contact Our Joliet BAIID Attorney

If you have questions about your rights and requirements when using a BAIID, or if you need to determine whether you are eligible for an MDDP or RDP, the Law Offices of Jack L. Zaremba, P.C. can provide the legal help you need. We will help you address any concerns about BAIID violations or other issues that could affect your driving privileges, and we will work with you to restore your driver's license as quickly as possible. Contact us at 815-740-4025 to set up a free consultation and get help with license reinstatement hearings, DUI defense, and any related concerns.