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BAIID and MDDP Program

FACT SHEET

BAIID

  • BAIID stands for Breath Alcohol Ignition Interlock Device.
  • A person must provide a breath sample into the BAIID prior to starting the vehicle and at random intervals throughout the travel time. The BAIID uses advanced technology to read the person’s Blood Alcohol Level (BAC).
  • A BAIID is hooked to the ignition of the car and prevents the person from starting the car if their breath sample registers a .05 or higher.
  • If the breath sample is negative for alcohol, the person will be able to start their car without incident.

The New Law

  • Secretary White worked closely with MADD-National to craft Senate Bill 300, an innovative legislative measure that would reduce alcohol-related fatal crashes in Illinois.
  • SB 300 was signed into law as P.A. 95-0400 on August 24, 2007 and becomes effective January 1, 2009.
  • Requires all first-time DUI offenders who wish to drive during their Statutory Summary Suspension (SSS) to install a BAIID on the vehicle they wish to drive during that time.
  • The BAIID will prevent an intoxicated driver from driving the vehicle. Studies show BAIIDs are effective in reducing subsequent offenses by up to 90 percent while on the vehicle.
  • Increases the SSS times. For offenders who refuse testing at the time they are pulled over, their suspension times will go from the current 6 months to 12 months. For those that take the test and fail, their suspension will double from the current 3 months to 6 months.

MDDP

  • Monitoring Device Driving Permit (MDDP) replaces the Judicial Driving Permit (JDP).
  • Eligible first-time DUI offenders who are arrested on or after January 1, 2009, will have the option of obtaining a MDDP by request to the courts. The courts will order the Secretary of State to issue the MDDP.
  • The offender has the option of not participating in the program, but will have no other option for driving relief during the SSS.
  • The MDDP allows the offender to drive after serving 30 days of the statutory summary suspension (SSS) (which will either be 6 months or 12 months, depending on failure or refusal of FST).
  • The MDDP requires that the offender install a Breath Alcohol Ignition Interlock Device (BAIID) in any vehicle the offender plans on driving during the term of the SSS.
  • The MDDP allows the offender to drive anywhere at anytime so long as the vehicle being driven has a BAIID installed (as opposed to the JDP which restricted the offender to certain hours and certain destinations).
  • A MDDP holder found driving a car without a BAIID during the SSS, will be guilty of a Class 4 felony.
  • An offender who chooses not to obtain an MDDP and is then caught driving during the SSS will be guilty of a Class 4 felony.
  • A MDDP will not allow a CDL holder to operate a CMV during the offender’s SSS.
  • MDDP holders may be eligible for a work exemption if driving employer owned cars during the course of work hours and if the car is not specifically assigned to the offender

Eligibility

  • Only first time offenders (as defined by the Illinois Vehicle Code) are eligible.
  • The offender’s license has to be otherwise valid (in other words, if they were driving on a suspended license at the time of this arrest, then they are not eligible).
  • An offender is ineligible for the MDDP program if his or her driver’s license is otherwise invalid or if death or great bodily harm resulted from this DUI arrest.
  • An offender is ineligible for the MDDP program if he or she has previously been convicted of reckless homicide or aggravated DUI, which resulted in a death.

BAIID Monitoring

  • The Secretary of State will monitor the BAIID of each MDDP holder during the length of the MDDP (every 60 days).
  • The device requires an initial blow from the offender to start the car. Following that, the device will require breath samples at random intervals throughout the offenders trip. Thus, preventing someone else from blowing into the machine to get the car started.
  • If violations are found on the BAIID, the offender’s SSS may be extended by 3-month increments and/or cancelled.
  • If the MDDP holder has a BAC of .05 or above register on the device, his car will not start.
  • There are currently 6 vendors in Illinois who are certified to provide BAIID devices and services. The offender is given contact information for all vendors and allowed to choose which company they wish to work with.
  • All certified vendors are required to have installation sites statewide.

Cost

  • The Offender will have to pay the following fees for the BAIID
    1) Installation fee is approx. $100 (paid to the vendor they choose)
    2) Monthly rental of the device $80 approx. (paid to the vendor they choose)
    3) Monthly monitoring fee $30 (paid to the Sec. Of State for the monthly monitoring of the device)
  • The offender is responsible for all costs.
  • Law sets forth an indigency fund to be used for offenders who want the MDDP but can’t pay for the device. Fund will be built from a surcharge added to paying customers installation and rental fees.
 
 
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