As a first time DUI offender, you were eligible to receive a Breath Activated Ignition Interlock Device (BAIID) under an MDDP. You paid your fees and had the device installed. Generally, you take your own car and blow into the device.
But this particular day, your car wasn’t working, so you took someone else’s. Or maybe you had a few beers, so you used your friend’s car instead. Unfortunately, the police stopped you and you are now charged with violating your MDDP.
What can happen to you? What can you do?
If you have an MDDP and you drive or you are in physical control of a car that is not equipped with a BAIID, you can be charged with a Class 4 felony, punishable by 1 to 3 years in jail with a minimum sentence of 30 days. (625 ILCS 5/6-303(c-4). Even if you don’t have an MDDP, but you were eligible for one, you can be charged with a Class 4 felony. (625 ILCS 5/6-303(c-3). (If you were not eligible for an MDDP, then a first-time driving under a suspended license is a Class A Misdemeanor, punishable by up to one year in jail and a minimum of 10 days imprisonment or 30 days community service.)
Any violation of the MDDP is a separate offense from your DUI. As well as receiving penalties for the new charges, you could be resentenced under the original DUI for violating any related court orders.
Violating your MDDP agreement can also increase the time your driver’s license is suspended.
If you are charged with violating your MDDP, contact an experienced criminal law attorney immediately. An attorney can evaluate whether you have a defense. Did the officers have probable cause to stop your car? Were you in actual physical control of the car?
If you do have an MDDP, you must be particularly careful to follow its rules. These include taking the car in for retesting and keeping a journal to explain if you blow over the .025 limit on the device. For more information, see our related post: Illinois Driving Permits for DUI Offenders.
If you have questions about this or another related criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email firstname.lastname@example.org.
(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)