Mokena DUI and the Monitoring Device Driving Permit
After a Mokena DUI arrest, a first offender may qualify for a monitoring device driving permit that allows driving during the suspension, with an ignition interlock device. The case is heard in Joliet.
Your deadlines
- Day 46. Your statutory summary suspension starts, counted from the day you got the notice.
- Day 90. The last day to file a petition to rescind that suspension.
How the permit works
Illinois law (625 ILCS 5/6-206.1) sets out the monitoring device driving permit, or MDDP, for first offenders. After a suspension notice, the Secretary of State sends a notice about getting one. The main rules in the statute:
- The interlock device must be installed within 14 days of the date the permit is issued. If the Secretary of State does not receive notice of installation, the permit is cancelled.
- The holder pays an administration fee of no more than $30 per month.
- The permit allows driving for any purpose and at any time, in vehicles with the device, and never a commercial motor vehicle.
The driver pays for the device. If the Secretary of State finds the driver indigent, the provider installs it at no charge to the driver; lockout and reset fees still apply. The permit is cancelled if the holder is convicted or given supervision for another DUI-related offense or removes the device without permission.
Declining the permit
The statute also lets you file a petition to decline the permit with the court of venue. The court must first warn you of the consequences, including the heavier penalties for driving while suspended. You may apply for the permit later if you change your mind.
Driving for work
A person who must drive an employer-owned vehicle as part of the job can ask the Secretary of State for permission to drive one without the device. The employer completes a form the state prescribes. The exemption does not cover vehicles owned by a business the driver or a family member partly owns, and it does not cover school buses or vehicles that carry more than 15 passengers. Driving is limited to 12 hours a day and 6 days a week. See the interlock device page and the hardship license page for how the options compare.
Arrested for DUI? Call Jeff now.
The license clock starts the day you get the notice. During office hours, Jeff answers the phone himself.Office hours: Monday to Friday 8:30 AM to 6 PM, Saturday 10 AM to noon. After hours, leave your name, number and the best time to call back.
Jeff McCarthy, Inspired Law Group, 136 E 9th St, Lockport, IL 60441
What cancels the permit
The statute lists the ways a permit ends early. A conviction or supervision for another DUI, for driving while suspended, for driving with a license revoked or any similar alcohol or drug offense involving a motor vehicle cancels it. Removing the device without the Secretary of State's authorization also cancels it. The point to keep: the permit is a privilege with conditions, and a minor slip can end it.
Questions to settle before you apply
Do you own the car you drive, or is it a family or work vehicle? Does your job need a vehicle without the device? Do you have a plan to pay the monthly fee? Is anyone else in the household also going to drive the car? Settling these first helps prevent a cancelled permit later.
When the suspension ends
The permit does not reinstate your license. At the end of a statutory summary suspension, the Secretary of State requires a reinstatement fee of $250 for a first offense, and $500 for multiple offenses, and the other suspensions on your record must be closed first. Note that the reinstatement becomes valid only when it is entered on your driving record. Plan the date with some room, so you are not driving on an assumption.
Before the suspension starts
The officer's receipt lets you keep driving until the 46th day after notice. The Mokena Police Department is the agency whose report starts the process. Read the summary suspension page for the timeline, the first offense DUI page for the court side, and the reinstatement page for getting full privileges back.
The case is heard in Will County at the Will County Courthouse in Joliet, because Mokena is in Will County. Local information is on Areas We Serve: Mokena.
Sources
Reviewed by Jeff McCarthy, Attorney, Inspired Law Group, 136 E 9th St, Lockport, IL 60441.
Questions people ask about mokena dui lawyer
Short answers first. Jeff McCarthy reviews every answer on this page.
Usually yes, until the suspension starts on the 46th day after notice. The officer's receipt for your license covers that period.
The permit holder pays, plus the monthly administration fee of up to $30. If the Secretary of State finds the driver indigent, the provider installs it at no charge to the driver.
Not if death or great bodily harm to another resulted from the arrest. The statute lists that among the reasons the Secretary of State will not issue it.
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Every case comes down to its facts and its deadlines. Talk with Jeff McCarthy so you can:
- Get clear on your legal options.
- Avoid costly mistakes.
- Know what happens next, and when.
