DUI Arrests on or after January 1, 2009

Persons arrested on DUI charges on or after January 1, 2009, who wish to petition a judge for a restricted license may only apply for a Monitoring Device Driving Permit (MDDP).

Previously, persons under a statutory summary suspension were allowed to petition a judge for a judicial driving permit (JDP). However, due to a change in Illinois law, the JDP will eventually be phased out, and all persons arrested on DUI charges on or after January 1, 2009, may now only apply for a MDDP.

The MDDP requires defendants to only drive cars on which a breath alcohol ignition interlock device (BAIID) is installed. The driver must provide a breath sample into the BAIID prior to starting the vehicle and at random intervals throughout his or her trip. The BAIID uses advanced technology to read the driver’s blood alcohol content (BAC). A BAIID is connected to the ignition of the car and prevents the car from starting if the defendant’s breath sample registers .025 or higher. The BAIID keeps an internal record of the number of times the ignition is locked due to a high BAC. The Illinois Secretary of State can either revoke the MDDP or extend the length of a driver’s statutory summary suspension if the driver receives an impermissible number of lockouts.

All of the following requirements must be met to qualify for a MDDP:

  1. The defendant must be at least eighteen years old.
  2. The defendant must have a valid driver’s license.
  3. This must be the defendant’s first DUI arrest.
  4. This DUI arrest must not have involved death or great bodily harm.
  5. The defendant must not have been previously convicted of reckless homicide.
  6. The defendant must have a BAIID installed on his or her car.
  7. The defendant must pay the following fees associated with the BAIID:
    1. installation fee of approximately one hundred dollars ($100.00) paid to the vendor of his or her choice;
    2. monthly rental fee for the device of approximately eighty dollars ($80.00) paid to the vendor of his or her choice; and
    3. monthly monitoring fee of thirty dollars ($30.00) paid to the Secretary of State.
  8. The defendant has served 30 days of the statutory summary suspension which will be either six (6) or 12 months, depending on whether the defendant failed or refused the breath test.

If these requirements are satisfied and a MDDP is issued, a defendant must install the BAIID on his or her car within 14 days of receiving the permit. MDDP drivers can only drive cars on which the device is installed. However, they can drive for any purpose or at any time subject to rules adopted by the Illinois Secretary of State.

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