In the interest of public health and safety, Illinois law requires driver’s license suspension for any person convicted of DUI. In order to obtain a restricted driving permit, DUI offenders must generally install a breath alcohol ignition interlock device (BAIID) on their vehicle. These devices measure the driver’s blood-alcohol concentration (BAC) before allowing the vehicle to start.
What are the Rules Associated With BAIIDs?
When a driver is required to install and maintain a BAIID, there are several overarching rules from an administrative standpoint. Specifically, Illinois Administrate Code Title 92 Section 1001.441 requires these drivers to:
- Refrain from operating vehicles without a BAIID installed;
- Take their vehicle to an authorized BAIID provider for installation within 30 days;
- Return to an authorized BAIID provider every 60 days for device calibration and data retrieval;
- Maintain a written log of any unsuccessful vehicle starts, running retests, or other problems;
- Bring their vehicle to an authorized BAIID provider within five days of receiving a notice for service or inspection; and
- Abstain from tampering with or removing the BAIID.
What is the Cost of BAIIDs?
Illinois law requires drivers to pay all costs and fees associated with the installation, use, and monitoring of BAIIDs. Though in cases of financial hardship, a driver may be able to obtain a waiver from the state courts.
The actual costs and fees associated with BAIIDs can vary from provider to provider. According to the Illinois Secretary of State, the typical costs and fees for BAIIDs include:
- Upfront installations charges of approximately $85;
- Monthly rental fees of approximately $80; and
- Monthly monitoring fees of approximately $30.
What Happens if a Driver Violates BAIID Rules?
Illinois requires drivers to bring their vehicle to an authorized BAIID provider every 60 days for device calibration and data retrieval. After the authorized provider downloads the BAIID data, they forward the information to the Secretary of State. If there is evidence of a violation, the Secretary of State will send a warning letter.
These warning letters ask the driver to explain the violation(s) in question. This is part of the reason why drivers must maintain a log of any problems with their BAIID. If the driver provides an insufficient explanation — or fails to respond entirely — there are several potential penalties.
The Secretary of State can extend the suspension period for an extra three months per violation. Or the driver may lose their restricted driving permit. Additionally, the Secretary of State may impound the driver’s vehicle for 30 days after three extensions.
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 firstname.lastname@example.org or by completing an online form.