NOTE: The information below includes new material to explain the impact of Public Act 100-1004, which took effect on January 1, 2019. After this Act took effect, there were changes to certain aspects of monitoring device driving permits (MDDPs) under 625 ILCS 5/6-303.
When a DUI defendant agrees to participate in the Monitoring Device Driving Permit (MDDP) program, they must sign an agreement containing important terms and conditions. Some of the terms dictate when the breath alcohol ignition interlock device (BAIID) must be installed, within 14 days from issuance of the MDDP. Other terms dictate 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 without a BAIID during the summary suspension period. A violation of this condition 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 their boss does not agree to installing a BAIID, they can request an employment exemption. But generally speaking, 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 that the minimum sentence must include 30 days in jail, without good time credit or day-for-day credit. Therefore, the 30 days is not served at 50%. It is a full 30 days.
One way law enforcement would find out about an MDDP operator driving a vehicle not equipped with a BAIID could be, for example, during a traffic stop for a moving violation or after running the license plates. Police officers can run plates at all times.
After Public Act 100-1004 took effect in 2019, there is an additional requirement for law enforcement officers. When a person violates MDDP rules at this juncture, they will receive a Uniform Traffic Citation. If such a person receives three or more Uniform Traffic Citations without paying the corresponding fines, they will face Class A misdemeanor charges.
DUI is a complicated area of Illinois law, and your success in court depends on the qualifications of your attorney.
