I Need To Drive
Gone are the days of Judicial Driving Permits (JDP) in Illinois, where a judge signs an order allowing you to travel to work or another specified location listed in the permit; Illinois has now replaced those JDP's with what the State calls a Monitoring Device Driving Permit (MDDP). These MDDP's allow a First Time Offender to travel anywhere, at anytime within the State of Illinois, PROVIDED the Secretary of State (SOS) approves the MDDP, and you have a Breath Alcohol Ignition Interlock Device (BAIID) installed in your car. You have 14 days to install the BAIID once you are approved by the SOS.
What is a MDDP?
Monitoring Device Driving Permits (MDDP) is available for drivers that are eligible for driving privileges during the statutory summary suspension period as a result of a DUI arrest. The MDDP will allow you to drive 24 hours/7 days a week provided that you have a breath alcohol ignition interlock device (“BAIID”) installed in your vehicle.
Am I Eligible for a MDDP
- Your license must be valid
- Your DUI arrest must not have resulted in the death or great bodily harm of another person. You can not have been previously convicted of reckless homicide or aggravated DUI that caused death
- You must be a First Offender under the law
- You must be 18 years or older
- CDL holders are not eligible on their CDL license
If your driving privileges are suspended, revoked, cancelled or otherwise become invalid after being granted a MDDP, the MDDP becomes invalid and must be surrendered to the Secretary of State. If you wish to seek further driving privileges you must then apply for a Restricted Driving Permit (RDP) through a hearing with the Secretary of State.Illinois' First Offender Ignition Interlock Requirement.
How do I Apply for the MDDP?
When you receive the confirmation of the summary suspension in the mail, the Illinois Secretary of State will send you notice of your ability to apply for the MDDP. This notice will include a portion titled “MDDP Program Application” which you must return to the Secretary of State by mail requesting issuance of the MDDP. If the Secretary of State does not receive this document back it will send a follow-up reminder notice to you. If neither of these forms is returned to the Secretary of State the MDDP will not be issued. The MDDP is effective from the first day of the statutory summary suspension period.
I don't want to use the MDDP?
If you do not want to use the MDDP, you are required to file a petition with the court and “opt-out”. The court is then required to advise you of the penalties for driving while suspended. You will then have to execute a written document declining the MDDP that is filed with the court and forwarded to the Secretary of State. In reality, this procedure is never followed by DUI offenders. Choosing not to fill out the paperwork that the Secretary of State sends you is sufficient to not participate in the MDDP program. That is, if you do not apply for the MDDP, the MDDP is simply not issued. Nothing else is required.
I can't afford the MDDP with BAIID?
If the court determines that you are indigent, and therefore unable to pay for a BAIID, the BAIID provider is required to install the BAIID without charge. You may not be charged except for a one (1) month security deposit that does not exceed the cost of one month’s rental.
Who is a first offender under the new law?
A first offender is defined in 625 ILCS 5/11-500. "A first offender shall mean any person who has not had a previous conviction or court assigned supervision for violation Section 11-501, or a similar provision of local ordinance, or a conviction in any other state for a violation of driving under the influence or a similar offense...or any person who has not had a driver's license suspension for violating Section 11-501.1 within 5 years prior to the date of the first offense..." (Definition applies to 5/6-206.1 and 5/6-208.1 only)
Is there an Exemption for Work Vehicles
Yes, but this exemption does not apply to CDL license holders. If you must drive your employers work vehicle, you may ask for this exemption. The employer must approve your request and you are required to mark that section of your MDDP at the time of application. The SOS will make the determination as to your eligibility. If approved, you are required to carry specific paperwork while driving your employer's car and must only drive that vehicle in the scope of your employment.
You should know that this work vehicle can not be a vehicle that your employer allows you to take home; does not apply if you drive a school bus or school vehicle; drive a vehicle designed to transport more than 15 passengers; drive an employer-owned vehicle that is owned by a company that you or a family member own; drive an employer owned vehicle that is made available to you for personal use; or drive a vehicle assigned exclusively to you and is used solely for commuting to and from your job.
If you are granted an exemption, you may not drive the vehicle more than 6 days a week, 12 hours per day for work purposes only. You may also seek a medical waiver of the BAIID requirement by submitting a medical report supporting your request to the Secretary of State. The medical report must establish that you are unable to use the BAIID due to a medical condition. However, as a condition of granting a waiver, you must complete an alcohol/drug evaluation, treatment requirements, and submit to a hearing with the Secretary of State
What Violations will Cancel the MDDP?
If you are convicted of or receive court supervision for the following traffic offenses, the MDDP will be cancelled:
- Leaving the Scene of an Accident involving death or personal injury
- Reckless Driving
- Street Racing or Aggravated Street Racing
- Any offense for which alcohol or drugs is an element of the offense
- If the BAIID device is uninstalled without prior authorization of the Secretary of State, the MDDP will be cancelled.
- If there is reason to believe that a violation of law has occurred relating to operation of a vehicle not equipped with a BAIID
- Requesting another person to start a vehicle with a BAIID to enable you to operate the vehicle
- Tampering with or circumventing a BAIID
If you have committed a violation resulting in the cancellation of the MDDP, your summary suspension will be extended or you will be re-suspended for a period of twice the suspension’s original length (including any extensions of suspension that you may have received). During the period of any extension or re-suspension, driving privileges are only available by means of a RDP issued after an administrative hearing before the Secretary of State, which require the completion of an alcohol/drug evaluation and all treatment and/or education requirements
How Long Is My DUI Suspension
Your license will be suspended for six (6) months if you are a first offender and under implied consent you submitted to chemical testing (breath, blood, urine), and your test resulted in .08 or higher, or another positive testing criteria. Your license will be suspended for twelve (12) months if you are a first offender and you refused to submit to chemical testing (breath, blood, urine). This applies only to first offenders. The law did not change for repeat offenders.
When Will My DUI Suspension Start
The suspension of your license will start on the 46th day from the date of the sworn report, a document that the police officer submits to the Secretary of State.
Can My Statutory Summary Suspension be Extended?
If there are 10 or more unsuccessful attempts to start the vehicle with a BAIID installed within a 30 day period, excluding a breath alcohol (“BrAC”) reading of 0.05 or more; 5 or more unsuccessful attempts to start the vehicle within a 24 hour period, excluding a BrAC reading of 0.05 or more; a BrAC reading of 0.05 or more; a failure of a running retest, or a failure to take a running retest, your summary suspension will be extended or you will be re-suspended for a period of 3-months.
If the Secretary of State determines that a violation of the MDDP law or rules has occurred (other than the traffic violations listed above which will result in cancellation of the permit), the Secretary of State will enter an extension of the SSS for an additional period of three (3) months. The extension will be added to the termination date of the original suspension. If the suspension has already terminated at the time of the Secretary of State determination, then you will be re-suspended for a period of three (3) months. There are no limitations on the number of times a suspension may be extended or re-suspended (subject to a six (6) month limitation discussed in paragraph (P) below). During any period of suspension (including extension(s) or re-suspension) the only driving relief that you are eligible for is a MDDP subject to BAIID requirements.
Note that under Secretary of State rules, you may only obtain another MDDP once during any period of a suspension extension or re-suspension.
What Happens if a MDDP Violation Occurs?
If the Secretary of State detects a potential violation you will receive a letter requesting an explanation. A response must be received within 21 days of the violation notice date that reasonably assures the Secretary of State that a violation did not occur. If the response is not adequate, the Secretary of State will either re-suspended, enter an extension of the statutory summary suspension, or cancel the MDDP depending on the type of violation. If you wish to challenge a cancellation or extension of the summary suspension you may request a formal hearing before the Secretary of State within 30 days of the notice of suspension or cancellation and upon payment of a $50 hearing request fee.
If you have received three (3) extensions of your summary suspension for MDDP violations, your vehicle will be impounded. A violation resulting in a fourth extension may result in the seizure and forfeiture of the vehicle. The Secretary of State is required to notify the prosecutor’s office of third and fourth violations.
BAIID MDDP Requirements
You must have the BAIID installed within fourteen (14) days from issuance of the MDDP. Until the device is installed you cannot operate a vehicle for any other purpose. You can only operate vehicles installed with a BAIID including vehicles that are owned, rented, leased, loaned, etc. The BAIID must be downloaded every sixty (60) days. If your suspension has been extended or re-suspended as a result of a violation that period is reduced to thirty (30) days. If you receive a service or inspection notification you must comply within five (5) working days. You are required to keep a journal of unsuccessful attempts to start the vehicle, test failures, retest issues or other problems with the BAIID.
What Should I Do after my DUI Arrest?
It is in your interest to file a petition asking the court to rescind your statutory suspension in order to avoid the MDDP. Contact Jack L. Zaremba today at (815) 740-4025 to file your petition with the court. As a Former Will County DUI Prosecutor I have handled a multitude of hearings on these petitions. Our goal is to win the hearing on your petition and to kick out your suspension. You have a limited amount of time to file your petition, so contact our office today at (815) 740-4025.
If you have questions about whether you are eligible for the permit or whether you need an attorney, give us a call at (815) 740-4025 for a free consultation. Calls are answered 24 hours a day. If you prefer, send us an Email. We offer affordable rates and flat fees for most cases. DISCLAIMER:
This is an overview of some of the changes to the DUI law for first offenders and this site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.