Illinois DUI Law:
Breath Alcohol Ignition Interlock Device & Monitoring Device Driving Permit
In the State of Illinois, individuals facing a Statutory Summary Suspension due to DUI charges may be afforded an opportunity for driving relief through the Monitoring Device Driving Permit (MDDP) or (BAIID) program. For first-time offenders, this program is a pathway to regain driving privileges under specific, regulated conditions.
Monitoring Device Driving Permit
(MDDP)
In Illinois, driving relief is available to motorists with a Statutory Summary Suspension in the form of a Monitoring Device Driving Permit (MDDP). This permit allows eligible drivers to regain limited driving privileges during their suspension period. However, not all drivers qualify—strict eligibility requirements must be met to obtain an MDDP.
To qualify, a driver must be a first-time offender under Illinois law. This means they cannot have had a prior statutory summary suspension, DUI conviction, or supervision within five years of the current DUI offense.
Additionally, the driver must:
1. Possess a valid driver’s license (except for the current suspension)
2. Be at least 18 years old at the time of the DUI offense
3. Not have caused death or great bodily harm as a result of the DUI arrest
4. Not have any prior convictions for reckless homicide or aggravated DUI involving death
Drivers who meet these criteria may apply for an MDDP through the Illinois Secretary of State’s Office. This application process typically begins when the driver receives formal notification of their statutory summary suspension in the mail. The Monitoring Device Driving Permit application must be completed and submitted promptly to avoid unnecessary delays in obtaining driving relief.
If an MDDP is granted, the driver is permitted to operate a vehicle without time restrictions, provided that a Breath Alcohol Ignition Interlock Device is installed in their vehicle. This device continuously monitors the driver’s breath alcohol levels, ensuring compliance with state regulations.
Once the Monitoring Device Driving Permit is issued, the driver must:
1. Pay a monthly BAIID administration fee of $30 to the Secretary of State
2. Arrange for Breath Alcohol Interlock Driving Device installation within 14 days of receiving the MDDP
3. Use an approved installation provider certified by the Secretary of State
4. Ensure the Breath Alcohol Interlock Driving Device provider reports successful installation to the state
Failure to install the BAIID within the allotted time will result in the cancellation of the MDDP, leaving the driver without legal driving privileges. Additionally, if the driver’s license is revoked, canceled, or otherwise invalidated after receiving an Monitoring Device Driving Permit, the permit becomes void and must be surrendered to the Secretary of State.
For those who do not qualify for an Monitoring Device Driving Permit or who lose their eligibility, the next step toward regaining driving privileges is to apply for a Restricted Driving Permit (RDP) through a formal hearing with the Secretary of State’s office. Unlike an MDDP, an RDP may come with specific driving restrictions, such as time limitations or approved travel routes.
Breath Alcohol Ignition Interlock Device
(BAIID)
First-time DUI offenders who wish to obtain and are eligible for driving relief during the period of statutory summary suspension are required to have a Breath Alcohol Interlock Driving Device installed on their vehicle.
To be eligible for driving relief, offenders must first obtain a Monitoring Device Driving Permit (MDDP) and then a BAIID will be installed on their vehicle through the Secretary of State’s office. A MDDP and installation of a Breath Alcohol Interlock Driving Device allow offenders to drive anywhere at any time as long as they are driving a vehicle installed with a Breath Alcohol Interlock Driving Device.
The Secretary of State’s office monitors the Breath Alcohol Interlock Driving Device throughout the duration of the permit. The Breath Alcohol Interlock Driving Device will alert the Secretary of State’s office if the driver attempts any incidents of driving under the influence or tampers with the Breath Alcohol Interlock Driving Device.
A DUI offender may decline to have a MDDP and a BAIID and instead choose to refrain from driving during the suspension period. However, an offender who chooses not to participate in the program and is subsequently caught driving a vehicle during the suspension period is guilty of a Class 4 felony.
Additionally, an offender who participates in the Breath Alcohol Interlock Driving Device program and is subsequently caught driving a vehicle without a Breath Alcohol Interlock Driving Device installed is guilty of a Class 4 felony.
A Breath Alcohol Interlock Driving Device also is required as a condition of receiving a Restricted Driving Permit (RDP) for a person who has two or three DUI convictions (no time limit between offenses); or two statutory summary suspensions (as a result of two DUI arrests); or one DUI conviction with a statutory summary suspension from a separate DUI arrest. An RDP allows individuals to drive on a restricted basis according to their permit.
Individuals who have two or three DUI convictions must obtain an RDP, drive only vehicles equipped with a Breath Alcohol Interlock Driving Device and install a BAIID on all vehicles registered in their name for a period of five continuous years as a prerequisite for full reinstatement of driving privileges. A judge also may require a driver to have a BAIID installed on a vehicle. In such cases, it is the responsibility of the courts to monitor and record all information, not the Secretary of State’s office.
Drivers with four or more DUI convictions may apply to the Secretary of State’s office for an RDP after serving five years of their revocation. If the RDP is granted, drivers must have a Breath Alcohol Interlock Driving Device installed on all vehicles registered in their name for the remainder of their driving lifetime and drive only vehicles equipped with a Breath Alcohol Interlock Driving Device.
A DUI offender is responsible for all costs associated with the BAIID. For a listing of certified BAIID vendors and installation sites, visit ilsos.gov (click Departments, BAIID). For more information on the BAIID program, contact the Secretary of State’s Breath Alcohol Interlock Driving Device Unit at 217-524-0660; or if you live in Cook, DuPage, Kane, Lake, McHenry or Will counties, contact the Chicago BAIID Unit at 312-814-4598.