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.
BAIID Fees
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
- Monthy monitoring fees — $30 a month payable up front to the Secretary of State’s Office prior to MDDP issuance (non-refundable)
BAIID Facts
- 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.