Driving without a BAIID

What happens if I have an MDDP and drive a vehicle without a BAIID?

by Sami Azhari on February 7, 2010

When a DUI defendant agrees to participate in the Monitoring Device Driving Permit (MDDP) program, the court will have the offender sign an agreement of terms and conditions for the MDDP. Some of the terms dictate when the breath alcohol ignition interlock device (BAIID) must be installed, 14 days from issuance of the MDDP, and that the driver must respond in writing to violation letters from the Secretary of State within 21 days.

But probably the most important condition is that the driver cannot operate a vehicle not installed with a BAIID during the summary suspension. A violation is a Class 4 felony offense. A Class 4 felony has a possible sentence of 1-3 years in the Department of Corrections (prison), a fine of $25,000, and one year of mandatory supervised release, also known as parole.

If the driver must operate a vehicle for work and his boss does not agree to installing a BAIID, he can request an employment exemption. But driving a car without a BAIID device can result in a Class 4 felony charge.

This type of offense is probationable, meaning a prison sentence is not required. But the law says the minimum sentence must include 30 days in jail, with no good time credit or day for day credit. Therefore, the 30 days is not served at 50%. It is a full 30 days.

The way law enforcement would find out about an MDDP operator driving a vehicle not equipped with a BAIID would be, for example, in a traffic stop for a moving violation, or after running the license plates. Police officers can run plates at all times.

DUI is a complicated area of Illinois law, and your success in court depends on the qualifications of your attorney.

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