There are approximately 12,000 people in Illinois currently driving with a breath alcohol ignition interlock device (BAIID). These devices monitor former DUI offenders to prevent further episodes of drunk driving. To gain a clear understanding of this legal requirement, the following sections will explore several frequently asked questions about BAIIDs in Illinois.
What is a Breath Alcohol Ignition Interlock Device (BAIID)?
These devices are installed on a motor vehicle’s ignition system. In order to start the vehicle, the driver must register a test of their blood-alcohol concentration (BAC). If the BAIID fails to register a test — or registers a BAC of 0.025 or more — then the motor vehicle will not start.
After the initial test, the BAIID requires the driver to submit additional BAC tests at random times. If the driver fails to register or exceeds the established BAC limit, then the car will stop working properly.
A BAIID device is generally required before a first-time DUI offender can obtain a Monitoring Device Driving Permit (MDDP). Furthermore, a BAIID device is generally required for repeat DUI offender can obtain a Restricted Driving Permit (RDP). In either case, the BAIID functions as described above.
Who is Responsible for the Costs of a BAIID?
The DUI offender is responsible for paying all costs and fees connected to a BAIID. This includes all installation and monitoring fees from approved BAIID vendors, though it is possible for an Illinois court to waive the BAIID fees for low-income offenders.
Please find below an approximate average of BAIID costs and fees. Please note that the actual costs and fees can differ by vendor.
- Installation Fees: The offender must make a one-time payment of $85 to the BAIID vendor;
- Rental Fees: The offender must make a monthly payment of $80 to the BAIID vendor; and
- Monitoring Fees: The offender must make a monthly, non-refundable payment of $30 to the Secretary of State.
What are the Penalties for Violating BAIID Requirements?
When a driver is required to use a BAIID, they are not allowed to drive any vehicle without such a device. If the driver violates this requirement, they are guilty of a Class 4 felony. The typical penalties for a Class 4 felony include a sentence range of 12 to 36 months, an extended term of 36 to 72 months, up to $25,000 in fines and up to 30 months in probation.
Do You Need Legal Help?
No matter what the criminal offense, all charges are serious. A sound strategy and an aggressive defense are essential for a positive outcome. To protect your rights in such situations, it is highly advisable to retain legal counsel from an experienced criminal defense attorney.
The Prior Law Firm in Bloomington, Illinois, has proven experience in matters of criminal defense. If you need legal help with criminal defense, contact us today for a free consultation. You can reach The Prior Law Firm by phone at (309) 827-4300, email at johnprior@thepriorlawfirm.com or by completing an online form.
(image courtesy of Zach Meaney)