Breath Alcohol Ignition Interlock Device (BAIID)
The majority of states, including Illinois, require first-time DUI offenders to have a Breath Alcohol Ignition Interlock Device (BAIID) installed on their vehicles. Illinois also requires a camera unit on the BAIID to capture the image of the driver as they perform their breath test.
On average, approximately 12,000 Illinois individuals are driving with a BAIID device installed on their car or truck. Any first-time DUI offender who wishes to obtain and is eligible for driving relief during the period of statutory summary suspension is required to have a BAIID installed on his/her vehicle.
To be eligible for driving relief, the offender must obtain a Monitoring Device Driving Permit (MDDP), and a BAIID will be installed on his/her vehicle through the Secretary of State’s office. An MDDP and installation of a BAIID allow an offender to drive anywhere at any time as long as he/she is driving a vehicle installed with a BAIID. The Secretary of State’s office monitors the BAIID throughout the duration of the permit. The BAIID will alert the Secretary of State’s office if the driver attempts any incidents of driving under the influence or tampers with the BAIID device.
A DUI offender may decline to have an MDDP and BAIID and instead choose to restrain from driving during the suspension period. However, an offender who chooses not to participate in the program and is subsequently caught driving a vehicle during the suspension period is guilty of a Class 4 felony. Additionally, an offender who participates in the BAIID program and is subsequently caught driving a vehicle without a BAIID device installed is guilty of a Class 4 felony.
A BAIID also is required as a condition of receiving a Restricted Driving Permit (RDP) for a person who has two or three DUI convictions (no time limit between offenses); or two statutory summary suspensions (as a result of two DUI arrests); or one DUI conviction with a statutory summary suspension from a separate DUI arrest.
A Restricted Driving Permit (RDP) allows a person to drive on a restricted basis according to his/her permit.
A person who has two or three DUI convictions must obtain a Restricted Driving Permit, drive only vehicles equipped with a BAIID and install a BAIID on all vehicles registered in his/her name for a period of five continuous years as a prerequisite for full reinstatement of driving privileges. A judge also may require a driver to have a BAIID installed on a vehicle. In such cases, it is the responsibility of the courts to monitor and record all information, not the Secretary of State’s office.
A driver with four of more DUI convictions may apply to the Secretary of State’s office for a RDP after serving five years of his/her revocation. If the RDP is granted, the driver must have a BAIID on all vehicles registered in his/her name for the remainder of their driving lifetime, as well as drive only vehicles equipped with a BAIID.
A DUI offender is responsible for all costs associated with the issuance, installation and monitoring of the BAIID. For more information on DUI, a Monitoring Device Driving Permit or a Restricted Driving Permit, please refer to the Secretary of State’s DUI Fact Book.
An offender is responsible for all costs associated with the installation and monitoring of a BAIID unless an offender is determined indigent by the courts. Listed are the average fees, however each vendor charges different fees. See vendor websites for actual charges.
- Installation — $85 paid to vendor
- Monthly BAIID rental — $80 a month paid to vendor
- Monthly monitoring fees — $30 a month payable up front to the Secretary of State’s Office prior to MDDP issuance (non-refundable)
- A BAIID uses advanced technology to read a driver’s blood-alcohol content (BAC) before allowing the vehicle to be started. It is installed in the ignition of a vehicle and prevents the offender from starting the car if his/her breath sample registers a BAC of .025 or more. If the breath sample is negative for alcohol, the vehicle will start without incident.
- The BAIID requires an initial blow to start the vehicle and at random intervals throughout the trip.
- Anyone driving the vehicle must use the BAIID. The MDDP holder is responsible for all actions recorded on the device.
- The Secretary of State’s office downloads information from the BAIID every 60 days. If a violation(s) is detected, the offender will receive a letter from the Secretary of State’s office requesting an explanation of the violation(s). If the offender does not respond to the request or the explanation is insufficient, the suspension maybe extended for an additional three months per violation and/or the MDDP may be cancelled. Three extensions may result in the car being impounded for a period of at least 30 days.
- Four extensions may result in the car being seized/forfeited.
If a violation is detected, the Secretary of State will send you a request for a written explanation. Some instances of violations are as follows:
- Ten (10) or more unsuccessful attempts to start the vehicle
- Failing to complete a running retest
- A BAC reading of .05 or more or a pattern of alcohol use
- A report showing a tampering of the device
A failure to complete a rolling retest or ten (10) unsuccessful attempts to start the vehicle during the first initial thirty (30) days of monitoring will not be considered a violation. A warning letter will only be issued.
If you have received a violation notice from the secretary of state, you must provide a written response with twenty-one (21) days of the request for explanation. The secretary of state will advise whether they have accepted you explanation. No further action shall be taken if the State is satisfied with your response. If you were classified as High Risk Dependent and registered a BAC of .05 or more, or your readings show a pattern of alcohol consumption, a non accepted response will be made a part of your record and it will be required to be addressed at the time of your next hearing. If the Secretary of State is unhappy with your explanation at the net hearing, they may refuse to reinstate your license or refuse to grant any additional driving permit.
All BAIIDs must now be installed with a camera that photographs the driver blowing into the device whenever the car is started or a rolling re-test is conducted. Any attempt to block the photo will result in your explanation being automatically denied.
Penalties For Violations of the BAIID
A wide range of penalties can occur due to a violation of the BAIID terms and conditions. This can range from the rejection of your explanation and recording same in your record, to a complete cancellation of your RDP.
As a general rule, serious violations will result in a cancellation of the RDP. The following are some violations that will result in the cancellation of your permit:
- A BAC of .05 or higher or a pattern consistent with alcohol use if you are a high risk dependent
- Any report of tampering with the BAIID device
- A report showing operation of a motor vehicle without a BAIID device
- Having the BAIID removed early, unless you notified the secretary of state of the surrender of your RDP
- Failing to have your BAIID monitored by the BAIID provider
- A new DUI arrest
If the driver has been fully reinstated before a violation is reported to the Secretary of State, their driving privileges may be cancelled. If the RDP was cancelled as a result of a violation, you may not sit for a new hearing for a period of 90 days from the date of cancellation, unless you are contesting the cancellation.