DUI LAW
BAIID Law
The new Breath Alcohol Ignition Interlock Device (BAIID)
Law became effective January 1, 2009. The provisions of the
new law allow a DUI offender to have a “Monitoring Device
Driving Permit (MDDP).” An MDDP allows the offender to drive
for any reason as long as (s)he is driving a vehicle
equipped with a BAIID device. There are severe penalties for
those who drive in violation of the new law. If an offender
either chooses not to get an MDDP and is caught driving or
has an MDDP but is caught driving a vehicle without an
interlock,
(s)he will be guilty of a Class 4 felony. A Class 4 felony
is subject to a period of imprisonment of 1 – 3 years.
Additionally, a person caught driving in violation of the
law will have their suspension time increased by three
months and will not be eligible to have full, unrestricted
driving privileges restored at the end of the suspension
period. The criminal violations will be dealt with in the
criminal courtroom, but the Secretary of State can determine
if a rule has been violated and the suspension extended.
Updated
The law mandating first time offenders install Breath
Alcohol Ignition Interlock Devices (BAIID) in order to drive
during their period of statutory summary suspension (SSS)
has been in effect for one year now. Below are statistics
relevant to the new law:
2008 First Offender
Arrests:...........................................................32,981
2008 First Offender SSS
Rescissions:.............................................7,167
2009 First Offender
Arrests:...........................................................33,083*
2009 First Offender
Rescissions:.....................................................7,874*
Monitoring Device Driving Permits (MDDP) Issued:
approximately 6,500*
These numbers indicate a fairly significant increase in the
number of rescissions granted in 2009 over 2008. This is a
nearly 10 percent increase in rescissions despite a less
than ½ percent increase in first
offender arrests.
These statistics also highlight a low percentage of first
offenders requesting and being issued an MDDP and,
therefore, putting a BAIID on their car. According to
preliminary data, there are up to 18,000 first offenders
with a summary suspension in effect (or soon to be going in
effect) who may not drive during their summary suspension
because they have not been issued an MDDP. Law enforcement
should consider means by which they can enhance their
ability to locate and apprehend those offenders who are
gambling by driving during their suspension. In instances
where an offender is eligible for an MDDP and is stopped
while driving a vehicle not equipped with a BAIID, (s)he is
guilty of a class 4 felony.
The MDDP/BAIID Law is only one tool in the fight against
impaired motorists. Being tied to the SSS and having an opt
out provision means that not every first offender will be
required to obtain the device. We can strengthen the impact
of this law by conducting thorough DUI investigations,
fighting hard against rescissions, making sure the defendant
undergoes recommended education and treatment, and taking a
zero-tolerance stance on those caught driving without a
BAIID device during the summary suspension period.
Illinois New BAIID Law Quick Facts
- A person must provide a breath sample into the BAIID prior to starting the vehicle and at random intervals throughout the travel time. The BAIID uses advanced technology to read the person's Blood Alcohol Concentration (BAC) level.
- A BAIID is hooked to the ignition of the vehicle and prevents the person from starting the car if their breath sample registers a 0.05 or higher.
- If the breath sample is negative for alcohol, the person will be able to start their car without incident.
Recent studies show that recidivism is reduced between 45 – 90 percent while the interlock is in use. Nearly every state has some type of BAIID law with some states mandating use of the device and others leaving it to the discretion of a judge. Illinois becomes one of just six states mandating BAIID use by first-time offenders and is the largest state to do so.
Illinois sees an average of 50,000 DUI arrests each year and approximately 80 percent of them are first-time DUI offenders. That means a potential 40,000 drivers will be required to have BAIID devices installed in their vehicles this year.
Starting in January, Illinois will be one of the first states in the country to require first time DUI offenders to install a BAIID (Breath Alcohol Ignition Interlock) device on their vehicles. The legislation that created this pending requirement was sponsored by Senator John Cullerton (D-Chicago), and Representatives Robert Molaro (D-Chicago) and John D'Amico (D-Chicago). The initiative was championed by Mothers Against Drunk Driving (MADD) and Illinois Secretary of State Jesse White.
Roughly the size of a mobile phone, a BAIID device is wired directly to a vehicle's ignition system and contains the same technology utilized in breath testing devices utilized by law enforcement for the detection of alcohol in a person's bloodstream.
The BAIID monitoring device requires the offender to pass a breath-alcohol test before the ignition engages. Additional tests are required at random intervals after the car is started. The devices can be configured to perform a variety of functions if the test fails while driving (such as sounding the horn and blinking the lights), but will not shut off the engine.
BAIID also keeps a record of each attempt to start the vehicle and the corresponding BAC level. These records will be monitored by the Illinois Secretary of State's Office, and the DUI offender will be subject to further penalties if he or she continues to attempt driving under the influence.
Some more interesting facts include:
- Key to the impaired driving fight is the continued hard work of law enforcement to identify impaired drivers and remove them from the road. That fight is led by the Illinois State Police and includes hundreds of law enforcement agencies in every part of Illinois.
- Of the 50,000 DUI arrests each year, approximately 80 percent of them are first-time DUI offenders. That means a potential 40,000 drivers each year may be required to have BAIID devices installed in their vehicles if they wish to drive while suspended.
- If an offender is caught driving without a BAIID device or driving another person's car, he or she could be charged with a Class 4 felony and sentenced to a mandatory minimum of 30 days in jail.
