New Relief Granted to 5 Year BAIID Multiple Offenders in Illinois

In 2020,  thousands of Illinoisans were arrested for Driving Under the Influence (DUI). Almost all (91 percent) of them had their driver's license suspended. To reduce public risk, Illinois uses the breath alcohol ignition interlock device (BAIID).

Now, IL courts mandate that DUI-convicted individuals only drive BAIID-equipped vehicles. This includes all motorized vehicles during their suspension period. Failure to use the device leads to more penalties.

Are you familiar with the BAIID multiple offenders (BMO) rule? Some of these rules have recently changed. Keep reading to learn how these updates may affect you or a loved one.

How the BAIID Works

The BAIID is installed in the vehicle’s ignition. To start the engine, the driver must blow into the BAIID's mouthpiece. IL is the only state that includes a camera in the system.

Its advanced technology calculates the person’s blood-alcohol content (BAC). The device will also report any tampering with or attempts to disable it. 

If the BAC reads .025 or higher, the car won't start. The system also has the driver blow into the tube at random times while driving.

The Monitoring Device Driving Permit (MDDP) holder is accountable for all activity recorded on the BAIID. If someone else drives the vehicle, they must start the engine using the device. For first offenders, they don’t have driving restrictions as long as they adhere to the BAIID use.

Illinois BAIID Rules

The Illinois Secretary of State, Jesse White, says the BAIID laws protect citizen safety. Since initiating BAIID for first-time DUIs, drunk driving deaths decreased by 24 percent.

The BMO Rule applies to individuals with two or more DUI convictions. You must have a BAIID installed on your vehicle, and have a BMO Permit . This system is required on all vehicles registered to you for a period of five years.

The BMO Permit sets restrictions on the individual’s driving permissions. For example, you may only drive a vehicle equipped with a BAIID.

The following provides an overview of BAIID violations.

  • BAC of .05 or higher
  • BAC above set standards on a rolling test
  • Not taking a rolling test when instructed
  • Not submitting a requested BAIID for a monitor report within the requested time
  • More than four unsuccessful BAIID vehicle start attempts in 24-hours
  • More than nine unsuccessful BAIID vehicle start attempts in 30 days
  • Attempting to circumvent or tamper with the BAIID

If you haven’t consumed any alcohol, but receive a positive test, you need to take other steps. This includes retaking the test o show that it was erroneous. Always perform a test when asked to do so.

Illinois BAIID Violations Penalties

If the Secretary of State’s office finds a violation, you’ll get a letter describing the offense. It is important to respond immediately to this notice.

If your response is insufficient or you do not respond, you may receive penalties. This can include an extra month suspension per offense. The state may also choose to cancel your MDDP.

After three extensions, the state may impound your vehicle for at least 30 days. A fourth extension may cause the seizure of your vehicle.

If you want to drive, you’re required to get an MDDP. Also, you must pay for the BAIID installation on your vehicle from the IL Secretary of State's office.

If you are a BMO you must follow the Illinois 5-year BAIID program rules. The Secretary of State’s office tracks your BAIID during this time. This includes downloading data from the device every 60 days.

Convicted drivers under the age of 16 will have their license revoked and aren’t eligible for an RDP. Those found guilty of an aggravated DUI can receive a RDP. This involves a DUI causing death, permanent disfigurement/disability, or great bodily harm.

Drivers with over three DUI convictions face a 10-year license revocation.

If you choose not to drive or use the BAIID, do not drive at any time. Getting caught driving, means facing a Class 4 felony. Individuals who agree to use the BAIID and are found driving another vehicle also face a Class 4 felony.

New BAIID Multiple Offenders (BMO) Rule

Recent changes to the BMO rule are now in place. This impacts those petitioning for reduced driving restrictions.

You no longer have to prove hardship when you make this request before your eligibility date. Also, a RDP is no longer needed for education, employment, or other situations.

At the hearing, you must meet the burden of proof that you no longer pose a danger when driving. If the state agrees, they’ll grant you a Probationary Permit (PP). You may now drive for six days, twelve hours per day, and within 200 miles of your home.

You still must install the BAIID in the vehicles you drive during this time. This change applies to all BMO individuals. They don’t have to prove hardship and are eligible for a PP.

Different rules apply to non-BMO people wanting a hearing before their eligibility date. In this case, they must prove a hardship such as a risk of losing their job if they can’t drive.

Currently, they’re not eligible for a six-day/12-hour PP. Person’s with a lifetime license revocation have to prove hardship and can’t get a PP.

BAIID Violation Excuses

Remember that some food, medications, and non-alcoholic drinks contain alcohol. This can trigger the sensitive BAIID even if you haven’t been drinking alcohol.

Examples include rum cake, soy sauce, red wine vinegar, yeast bread, and energy drinks. Mouthwash also contains alcohol.

Be sure to rinse your mouth with water after eating and drinking. Then wait 15 minutes before taking the BAIID test.

Need Driver’s License Reinstatement Help?

If you need BMO assistance, John M. Quinn & Associates, Ltd. is your IL specialist. We have helped thousands of our clients regain their driving privileges over the past 23 years.

Our experienced, efficient team knows how to prepare for Secretary of State hearings. We are also proud of our high approval rates. Contact our office today to schedule a free 30-minute consultation.