VIOLATING YOUR ILLINOIS MONITORING DEVICE DRIVING PERMIT

First-time DUI offenders may quality for a Monitoring Device Driving Permit (MDDP) which allows you to keep driving—as long as you carefully follow all the rules. A violation of your MDDP can extend your time without a driver’s license and even land you in jail.

An MDDP requires that your car be equipped with a Breath Activated Ignition Interlock Device (BAIID). You have to blow into the device each time you try to start your car. The Illinois Secretary of State penalizes attempts to get around or tamper with the device.

It is a violation of your MDDP if you:

a) Fail ten or more attempts to start your car within 30 days.

b) Fail five or more attempts to start your car within 24 hours.

c) Fail to blow into the device before starting the car.

d) Blow a breathalyzer reading higher than .05.

e) Fail a random breath test or fail to take the test. (The MDDP program requires you to perform breathalyzer testing at random times while you are driving. You must pull over and blow a sample as soon as you can safely do so.)

f) Fail to take the BAIID in for monitoring every 30 to 60 days.

g) Fail to take the BAIID in for an inspection within 5 days of being asked to do so.

h) Tamper with or circumvent the BAIID in some other way.

i) Drive any car that does not have the BAIID.

j) Have someone else blow your sample. (This trick has become much harder since the BAIID now automatically photographs the person blowing into it. Blocking the view of the camera is another violation.)

If you have violated your MDDP, the Secretary of State will give you 21 days to provide an explanation. If your explanation is not satisfactory, the Secretary of State could extend your driver’s license suspension three months for each violation. For certain violations, your MDDP may be cancelled or your car could be impounded or become inoperable. You may request a hearing to contest the Secretary of State’s determination.

If you are caught driving a car without a BAIID, you can be charged with a Class 4 felony, along with a minimum jail term of 30 days.

If you are charged with violating your MDDP, contact an experienced DUI attorney immediately. An attorney can review your case for the best possible defense. Even if the evidence against you is overwhelming, an attorney who is respected in the courthouse may be able to negotiate a better plea agreement than you could on your own.

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

(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.)