Monitoring Device Driving Permit (MDDP) in Will County

Who can get an MDDP

The MDDP is for first offenders who are arrested for DUI and face a summary suspension. A first offender has no DUI conviction or court supervision, and no earlier test related suspension or revocation, in the 5 years before the current offense.

The Secretary of State does not issue the permit if any of these are true.

• Your driver's license is otherwise invalid.
• Death or great bodily harm to someone else resulted from the arrest.
• You have a prior conviction for reckless homicide or for aggravated DUI involving a death.
• You are under 18.

If you are not a first offender, this permit is not available. Your route is a restricted driving permit, covered on our hardship license page.

What the permit allows

With an MDDP you may drive for any purpose and at any time, subject to the Secretary of State's rules. That is broader than a hardship permit, which lists specific reasons for driving.

• You must drive only vehicles equipped with an ignition interlock device, at your own expense.
• You may not drive a commercial motor vehicle on the permit.
• You pay the Secretary of State an administration fee of up to $30 a month, set by rule.
• The device provider has to report the installation. If the Secretary of State doesn't get the notice, the permit is cancelled.

You can ask for an exemption to drive an employer owned vehicle without a device if your job needs it. The employer fills out a form for the Secretary of State. It does not apply to a school bus or vehicle made to carry more than 15 passengers, or to a company that you or a family member own all or part of, or to a vehicle you can use personally. There is also a limit of 12 hours a day and 6 days a week in that vehicle. A farm tractor driven to and from a farm within 50 air miles is exempt from the device.

How the BAIID works and what it costs

A BAIID is a breath test device wired into the vehicle's ignition. You blow into it before the car starts. The Secretary of State sets the rules for compliance, and the provider sends monitoring reports to the Secretary of State.

Costs have two parts. The state's fee is capped by statute at $30 a month. The device company charges its own installation and monitoring prices, and those are not set in the law. Ask providers for their price in writing. If the Secretary of State finds you are indigent, the provider must install the device at no charge to you and ask the state's Indigent BAIID Fund to pay. Lockout fees and reset fees stay with you.

Breaking the rules

• Each violation of the permit rules extends your summary suspension by 3 months, and you can only drive vehicles with a device during that extra time.
• There's no limit on the total number of extensions. The Secretary of State can limit the number for violations in one monitoring period.
• A third extension means your vehicle is impounded for 30 days at your own expense.
• A fourth extension makes your vehicle subject to seizure and forfeiture.
• A new DUI or similar conviction, or removing the device without permission, cancels the permit.
• If a permit is cancelled, your suspension is set at not less than twice the original period, and you can only apply for a restricted driving permit with a device.

You have a right to contest an extension at a hearing with the Secretary of State.

What happens next

1. Watch for the notice. After the arrest, the Secretary of State mails notice that you will be issued an MDDP, with the steps to follow.
2. Decide yes or no. You may decline the MDDP by filing a petition in the court, which warns you of the consequences, including heavier penalties for driving while suspended.
3. Choose a provider. Pick an approved BAIID provider and schedule installation.
4. Pay the state fee. The Secretary of State sets the process for the monthly fee.
5. Install within 14 days. The date counts from the day the permit is issued.
6. Follow the rules. Take your car in for monitoring when required, and avoid any breath readings or tampering that count as violations.

You can apply for an MDDP at any time after you decline one.

How Jeff helps with the MDDP

• Checks that you are a first offender under the statute, and checks each exclusion.
• Explains the permit steps and fees in plain terms before you decide.
• Helps you weigh the permit against doing without driving for the suspension period.
• Files the court request to challenge the suspension, since the MDDP does not replace it. See petition to rescind.
• Looks into the work vehicle exemption if you drive for your employer.
• Talks through how an MDDP fits with the criminal case.

Jeff doesn't promise any outcome. He helps you understand the options.

Reviewed by Jeff McCarthy, Attorney, Inspired Law Group, 136 E 9th St, Lockport, IL 60441.