After you were charged with DUI, the court allowed you to drive with a Breath Alcohol Ignition Interlock Device (BAIID). But you’d had a couple beers and you knew you’d get in trouble if you blew into the device. So you took someone else’s car. Unfortunately, the police stopped you and now you are charged with violating your driving permit.

What can happen to you? What can you do?

Due to recent legislation, restricted driving permits or Monitoring Device Driving Permits have become more widely available. The permit requires, however, that the driver blow into the BAIID before starting the car. If you drive a car without a BAIID, you can be charged with a Class 4 felony, punishable by 1 to 3 years in prison, and you must serve a minimum of 30 days in jail. See 625 ILCS 5/6-303(c-4). You may also lose your permit to drive.

As with most crimes, the state must prove you guilty of all the elements of the crime beyond a reasonable doubt. To be convicted, you must be operating or in “actual physical control” of the vehicle. While Illinois courts interpret “actual physical control” very broadly, there may still be some leeway. If you are sitting in the car with the keys in the back seat, you might still be in physical control. However, if the keys were in the trunk or with someone else inside the bar, you may have a defense.

If you are charged with DUI or other offense, contact an experienced attorney immediately. An attorney may review your case for your best possible defense. If the police acted improperly, the attorney may be able to petition the court to suppress the evidence from any search. Even if this is not possible and the evidence against you is overwhelming, an attorney who is respected in the courthouse may be able to negotiate a more favorable plea agreement than you could on your own.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

For further information, see Illinois Secretary of State BAIID.

(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.)

About mdkeenan

A criminal and school law attorney with over 17 years of experience, I have successfully represented clients all over the Chicago area. My practice includes DUI, felony, criminal, misdemeanor, homicide, internet crime, retail theft, traffic offenses, cyberstalking, drug crimes, weapons violations, domestic battery and juvenile crime. I also represent families involving school cases. My clients come from all over the Chicago area including Skokie, Wilmette, Niles, Northbrook, Glenview, Evanston, Winnetka, Highland park, Northfield, Park Ridge, Des Plaines and Mount Prospect. I am a member of the ACLU and the Illinois State Bar Association. I serve as a volunteer for First Defense Legal Aid. Se habla espanol.
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