Illinois Department of Transportation Summer 2009 Traffic ... - Caution

IMPAIRED DRIVINGSTEP-BY-STEPIllinois’ first time offender BAIID LAWIn August 2007, SB300 was signed into lawmandating Breath Alcohol Ignition Interlock Devices(BAIID) for first-time DUI offenders who want todrive during their statutory summary suspensionperiod. On January 1, 2009, the law finally tookeffect and Illinois became the largest state toimplement such a law mandating first-time DUIoffenders use these devices that require a breathtest every time they start their vehicle.Now that the law has been in practice for a fewmonths and more offenders are coming into thesystem each day, let us look at exactly whathappens when a first-time offender is arrestedand becomes part of the new BAIID program. Inaddition, we will look at some of the differencesbetween the previous and current laws.Prior to the new BAIID Law, a first-time DUIoffender, once arrested, would be subject to a3-month suspension of his or her driver’s license ifthey participated in the chemical test or 6 months ifthey refused to submit to a chemical test. The newlaw makes those suspension periods 6 months ifthey take the test and 12 months for refusing thetest.Previously, once arrested, a sworn report was filledout by the officer and sent to the Illinois Secretaryof State (SOS). A letter was then sent to theoffender notifying them that the statutory summarysuspension takes effect on the 46th day after thearrest date. None of this changes, but now, theoffender also receives BAIID information with theletter notifying them of the statutory summarysuspension. In addition, once the suspensiontakes effect, the first 30 days is a “hard suspension”period with no option for driving relief. This 30 dayhard suspension period restriction did not changewith the new BAIID law.At this point in the process, a DUI offender will havetheir first court appearance where his/her JudicialDriving Permit (JDP) is replaced by the MonitoringDevice Driving Permit (MDDP) and limits the court’sinvolvement in deciding whether to grant drivingrelief to an offender. The chief difference is thata JDP would place restrictions when and wherethe offender could drive. Conversely, the MDDPallows driving anywhere at anytime, but with therequirement that the driving MUST take place onlyin a vehicle equipped with a BAIID device.Now, the offender is asked by the judge if he orshe wants a monitoring device driving permit. Ifthe answer is “yes”, the offender fills out an orderand the judge signs it. If the answer is “no”,the offender must sign an “opt out” form statingthey will not drive during their statutory summarysuspension period. These forms are sent from thecourt to the SOS and the information regardingwhether they opted to have a BAIID or not is loggedinto their driving record.Quite simply, if the offender opted out, they mustnot drive and are subject to a Class 4 felony if theyare caught driving. If they elected to have a BAIIDinstalled on their vehicle, SOS issues the MDDP(which serves as their temporary drivers license)and sends them a letter letting them know where toget the device installed and also telling them theymust have the BAIID installed within 14 days.Once the offender pays for and has a BAIID deviceinstalled and begins driving, the device begins tomonitor the driver’s behavior, storing informationevery time the offender blows into the device. Theoffender is required to bring the device in every30-60 days, so the information can be downloadedand sent to the SOS.Finally, the SOS looks over the submitted informationfor high BAC readings (generally, over 0.025).If violations are found, suspension periods arelengthened meaning offenders are forced to keepthe BAIID for longer periods of time.By Shannon Alderman, Alcohol Programs Coordinator22 CAUTION!-Summer 2009