A driver may be required to use a Breath Alcohol Ignition Interlock Device (BAIID), also known as a breathalyzer, if they have been issued a Restricted Driving Permit (RDP) or a Monitoring Device Driving Permit (MDDP) as a result of a DUI suspension or revocation. The Illinois Secretary of State has implemented strict rules under the Administrative Code regarding BAIID violations. Violations include:
- BrAC reading of .05 or more
- Failing a rolling retest
- Failure to take a rolling retest
- Failing to submit a BAIID for a monitor report in a timely manner
- 5 or more unsuccessful attempts to start a vehicle within a 24 hour period
- 10 or more unsuccessful attempts to start a vehicle within a 30 day period
- Tampering with or unauthorized circumvention of the BAIID
If the driver has a positive test but has not consumed any alcohol, it is important that they take all subsequent tests to demonstrate that it was not an actual violation. The driver should always provide a test when requested to do so.
If a violation occurs, the Secretary of State will mail the driver a request for explanation. The driver must provide an explanation within 21 days. If the explanation is not satisfactory, the driver will be subject to the consequences of a violation. If the driver is on an MDDP, a violation will result in a 3-month extension of the permit for each violation. If the driver is on an RDP, the RDP may be cancelled under certain circumstances (more information on BAIID Requirements for RDPs is available here). In addition, the violation will become part of the Secretary of State’s consideration during future license reinstatement hearings.
If you are facing a BAIID violation, you are encouraged to seek legal representation. The DUI defense attorneys at The Davis Law Group, P.C. are experienced in all areas of driver’s license law including hardship licenses. Contact our driver’s license reinstatement attorneys to discuss your case.