BAIID Requirements for RDPs

A. General Information

The driver’s license attorneys at The Davis Law Group, P.C. represent revoked and suspended drivers seeking driving relief at administrative hearings before the Illinois Secretary of State. Certain individuals may be granted a driver's license or a Restricted Driving Permit (“RDP”) subject to Breath Alcohol Ignition Interlock Device (“BAIID”) requirements. It should be noted that the rules that apply to BAIID devices for a person on a Restricted Driving Permit (“RDP”) are different than the rules that apply to BAIID devices if you are driving on a Monitored Device Driving Program (“MDDP”) during a DUI summary suspension period.

In order to obtain a RDP (also referred to as a work permit) you must first be approved for a RDP after an administrative hearing before the Illinois Secretary of State. If you are granted a RDP you are required to have a BAIID device installed under the following circumstances:

1) Your license has been revoked or suspended two or more times due to any combination of convictions for DUI or statutory summary suspensions;
2) You have been revoked based on a conviction for Aggravated DUI resulting in death or serious personal injury; or
3) Your license has been suspended two or more times due to refusing a breath, urine or blood test in another state.

If you have been revoked due to multiple DUI convictions you are required to install the BAIID on all vehicles that you own. You will be required to drive on a BAIID RDP for 5 year before you may be considered for full reinstatement.

The Secretary of State will collect a monthly BAIID monitoring fee. You will be sent a list of BAIID providers at the time you are issued the RDP. You have up to 14 days to have the BAIID installed. Until the device is installed, you may only drive for the purpose of having it installed. Once installed, you may immediately begin to drive within the limits of the RDP.

B. Driving with the BAIID

While driving on the RDP you must only operate a vehicle installed with a BAIID device. You are required to take your vehicle to the BAIID provider within the first 30 days of installation for an initial monitor report and, thereafter, no longer than every 60 days for the purpose of calibration and preparation of a monitor report which is sent to the Secretary of State by the installer. You must also take the vehicle to the provider or send the appropriate portion of the device to the provider within 5 working days after any service or inspection notification. In addition, you must maintain a journal of events of unsuccessful vehicle starts, running retests or any other problems with the device and record the name of the driver at the time of the event. You are prohibited from removing or de-installing the device without previous notice and surrender of the RDP to the Secretary of State.

C. Types of BAIID Violations

When the Illinois Secretary of State receives the monitor report from the BAIID provider it may send a letter to you requesting an explanation under the following circumstances:

1) 10 or more unsuccessful attempts to start the vehicle after the initial 30-day monitoring period;
2) Failure to successfully complete a running retest after the initial 30-day monitoring period;
3) A breath alcohol reading (“BrAC”) of .05 or more or a pattern of BrAC readings consistent with the use of alcohol;
4) A report indicating that you were stopped by the police for an alcohol/drug related offense;
5) A failure to successfully complete a running retest;
6) A police report indicating the use of alcohol and/or drugs;
7) A monitoring report or report by the BAIID provider showing any tampering with or unauthorized circumvention of the BAIID device.

*During the first 30 days of monitoring, 10 or more unsuccessful attempts to start the vehicle, or failure to successfully complete a rolling retest will not be considered a violation and you will only be sent a warning letter.

D. Notice of Violation from the Secretary of State

A written response must be sent to the Illinois Secretary of State within 21 days of the request for explanation for any potential violation. No further action is taken if the Secretary of State is satisfied with the explanation. With the exception of alleged violations involving tampering or unauthorized circumvention of the BAIID, or if you were classified as High Risk Dependent (abstinence required) and registered a BrAC of .05 or more, or your readings show a BrAC pattern consistent with alcohol consumption, the failure to provide an acceptable response will be made part of your record and you will be required to address the violation at your next administrative hearing. If the Secretary of State is not satisfied with your testimony at the time of the hearing, it may elect to refuse to reinstate your driver’s license or grant you any further driving privileges whatsoever.

As of July 1, 2013, all BAIIDs must be installed with a camera that photographs the driver blowing into the device whenever the car is started or a rolling re-test is conducted. If a review of the images at the time of the violation shows that the BAIID camera was prevented from taking clear and accurate photos of the person blowing into the BAIID mouthpiece any explanation will be automatically rejected.

E. Penalties for BAIID Violations

The possible penalties for a BAIID violation range from rejection of your explanation and recording it as part of your record of performance to full cancellation of the RDP.

Generally, more serious violations will result in a cancellation of the RDP. Such violations include: a monitor report which show a BrAC of .05 or more or readings showing a BrAC pattern consistent with alcohol consumption (only applicable) if you have been classified as High Risk (Dependent) and therefore are required to maintain abstinence; a monitor report or report from the BAIID provider indicating any tampering with or unauthorized circumvention of the BAIID device; a law enforcement report showing operation of a vehicle without a BAIID device as required by the RDP; a report from the BAIID provider indicating that the device has been removed due to non-payment of lease/rental fees or is no longer being used – unless you previously notified and surrendered the RDP to the Secretary of State; a failure to bring the BAIID device for preparation of a monitor report in a timely manner; or a law enforcement report indicating a DUI arrest.

If the driver has been fully reinstated before a violation is reported to the Secretary of State, their driving privileges may be cancelled.

If the RDP has been cancelled as a result of a BAIID violation, you may not be granted a hearing in order to re-apply for driving privileges for a period of 90 days from the date of cancellation, except for a hearing to contesting the cancellation.

F. Procedure to Contest an Order of Cancellation

If an order of cancellation is entered, you may request a hearing to contest the cancellation. You must file the request with the Secretary of State within 60 days of the effective date of the cancellation together with the required fee. If you have been classified as High Risk (Dependent) and you admitted (in a response to a request for explanation for the BAIID violation) to consuming alcohol you will not be granted a hearing to challenge the cancellation.

The license reinstatement attorneys at The Davis Law Group, P.C. regularly represent clients before the Illinois Secretary of State. If you are seeking driving relief for a revoked or suspended license, feel free to contact us to discuss your specific needs.

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