Starting January 1, 2009, first time DUI offenders in Illinois
faced new legal requirements for driving during a Statutory Summary
Suspension.
This is a significant change in the implied consent
laws of Illinois. Prior to January 1, 2009, persons suspected of DUI in
Illinois received driver license suspensions of either three or six
months for either failing or refusing chemical testing.
The new
law doubles the length of these suspensions to six and twelve months
respectively. These license penalties are in additional to any criminal
sanctions imposed when a driver is found guilty following an arrest for
Driving Under the Influence (DUI).
Formerly, first time offenders
were eligible for a judicial driving permit (JDP) allowing limited
driving privileges during the suspension. The new law abolished the JDP.
The former JDP has been replaced by a Monitoring Device Driving Permit
(MDDP).
Obtaining a Monitoring Device Driving Permit
A driver receiving a Statutory Summary Suspension is eligible for an MDDP under the following conditions:
Possession of valid driving privileges except for the Summary Suspension
Death or great bodily harm did not occur during the DUI leading to the suspension
No prior conviction for Reckless Homicide or Aggravated DUI which resulted in a death
No previous Summary Suspension within the 5 years preceding the suspension from the current arrest
The driver is over 18 years of age
If the above conditions are met, an individual receiving an Illinois
Summary Suspension is entitled to a Monitoring Device Driving Permit.
Once
the driver fitting the qualifications appears in court, the judge in
the case must sign an order for the Secretary of State to issue the
permit, unless the driver opts out of the permit program in writing. The
driver must pay a $30/month fee in advance before the Secretary of
State will issue the permit. For six month suspensions this will be
$150, for twelve month suspensions the fee will be $330.
Once the Secretary of State issues the permit, the driver will have
14 days to have a Breath Alcohol Interlock Ignition Device (BAIID)
installed in his car. The MDDP will allow the permit holder to drive
only a vehicle equipped with the device.
The installation must be done by a company certified by Illinois to
perform installations and monitoring services. There is an installation
fee of approximately $150 and monthly fees of $115.
Driving with a Monitoring Driving Device Permit
An
MDDP will not be effective until the 31st day of the suspension. After a
driver has a permit issued, he can drive only a vehicle equipped with a
Breath Alcohol Ignition Interlock Device (BAIID). This device requires
an alcohol breath test of the driver before a car can be started.
Once the car is equipped with the BAIID, it will require the driver
to blow into a device measuring the alcohol content of the driver’s
breath. If the measurement is greater than .05 the car will not start.
During driving there will be requirement for a “running test” that will
have the driver periodically blow into the device. If the driver fails
the “running test” the car will not cease to work, but the horn and
lights of the vehicle will go on alerting law enforcement of a possible
violation.
Conditions of Driving with MDDP During a Suspension
There
are no place or time restrictions on driving with the device. This is
unlike the former JDP which required specific routes, times of day and
reasons for driving. There is an exemption for employer owned vehicles
that suspended drivers must drive during the course of their employment,
once the employer provides documentation to the Secretary of State. The
vehicle may not be owned by the employee or a company owned by the
employee. Additionally, a suspended driver may not operate a commercial
motor vehicle during the suspension.
Driving Suspended is a Crime
Individuals
driving outside the requirements of an MDDP can be charged with a
felony. For further information on driving suspended in Illinois please
speak to one of our experienced attorneys.
