Illinois Five-Year BAIID Law

A relatively new Illinois law requires that before a driver with more than one DUI conviction can be considered for full reinstatement, he or she is first required to drive on Restricted Driving Permit (RDP) with a Breath Alcohol Ignition Interlock Device (BAIID) for a five-year period. Unfortunately, this requirement applies even if the person has already served the minimum period of driver’s license revocation and was eligible to be considered for full reinstatement.

The Illinois Secretary of State has chosen to apply this requirement to any person who applies for driving privileges after the effective date of the new law, January 1, 2016. Therefore, even if your DUIs occurred prior to this date, whether a month earlier or 30 years earlier, the new law applies to you.

A RDP usually can only be issued for work, school, medical reasons or for child/elder care. Therefore, a problem arises if the person is eligible for reinstatement, but is required to first drive on the RDP for five-years and has no need for any of these types of permits. A good example is the unemployed or retired person.

To address this type of situation, the Secretary of State has enacted new rules allowing these individuals to apply for a RDP that will allow them to drive for any reason, up to 5 days a week, 8 hours per day and within a 200 mile radius of their home. If the person is not eligible for reinstatement and does not have an undue hardship for work privileges, that person may also apply for a RDP to drive for any reason, up to 3 days a week, 5 hours per day and within a 200 mile radius.

Attorney Larry A. Davis, principal of The Davis Law Group, P.C. continues to lead legislative efforts on behalf of the Illinois State Bar Association for a more equitable law, primarily by making it only applicable to persons whose ‘triggering’ DUI occurred after the new law went into effect on January 1, 2016.

If your Illinois driver’s license is revoked or suspended, the attorneys at The Davis Law Group, P.C. may be able to help. Contact us today for a free consultation.

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