Monitoring Device Driving Permit (MDDP)

Below is an overview of the Illinois Monitoring Device Driving Permit (“MDDP”). The defense attorneys at The Davis Law Group, P.C. represent clients facing the summary suspension of their driving privileges as a result of a DUI arrest. Our attorneys practice throughout the Chicago and its surrounding areas including Cook, Lake and DuPage Counties. If you have been arrested for DUI, contact an experienced DUI defense attorney immediately to discuss your case.

A. General Information

In 2009, Illinois stopped issuing Judicial Driving Permits (“JDPs”) and replaced them with Monitoring Device Driving Permits (“MDDPs”) for those drivers eligible for driving privileges during the statutory summary suspension period as a result of a DUI arrest.

In order to be eligible, the driver must be a first offender, generally meaning that you cannot have had a prior summary suspension, DUI conviction or supervision within 5-years of the current DUI offense. Furthermore, Illinois law provides that to be eligible for a MDDP: you must have a valid driver’s license (except for the current statutory summary suspension); the current arrest for DUI does not involve death or great bodily harm; you have not previously been convicted of reckless homicide or aggravated driving under the influence involving death; and you are18 years of age or older.

If your driving privileges are suspended, revoked, cancelled or otherwise become invalid after being granted a MDDP, the MDDP becomes invalid and must be surrendered to the Secretary of State. If you wish to seek further driving privileges you must then apply for a Restricted Driving Permit (RDP) through a hearing with the Secretary of State.

The MDDP will allow you to drive 24 hours/7 days a week provided that you have a breath alcohol ignition interlock device (“BAIID”) installed in your vehicle.

B. How to Apply for a MDDP

When you receive the confirmation of the summary suspension in the mail, the Illinois Secretary of State will also forward a notice to you describing the MDDP program. This notice will contain a tear off section titled “MDDP Program Application” which you must return to the Secretary of State by mail or fax requesting issuance of the MDDP. If the Secretary of State does not receive this document back it will send a follow-up reminder notice to you. If neither of these forms is returned to the Secretary of State the MDDP will not be issued.

The MDDP is effective from the first day of the statutory summary suspension period.

C. What to Do After the MDDP is Issued

When the MDDP is issued, the Secretary of State will require that you pay a BAIID administration fee of $30 per month. You will be required to have the BAIID installed by one of the listed certified installation providers within 14 days of the issuance of the MDDP. Once installed, the BAIID provider will notify the Secretary of State of the installation. The Secretary of State will cancel the MDDP if the BAIID is not installed within the allotted time period.

D. If You Do Not Want the MDDP

Under the law, if you do not want to use the MDDP, you are required to file a petition with the court and “opt-out”. The court is then required to advise you of the penalties for driving while suspended. You will then have to execute a written document declining the MDDP that is filed with the court and forwarded to the Secretary of State. HOWEVER, in practice, the Secretary of State is not requiring that you follow this procedure. Instead, if you do not apply, the MDDP is simply not issued. No affirmative steps are required.

You may also terminate participation in the MDDP program by giving written notification to the Secretary of State surrendering your permit. Likewise, you may obtain another MDDP during the period of the summary suspension by notifying the BAIID Division of the Secretary of State in writing.

E. If You Are Financially Unable to Afford a BAIID

If the court determines that you are indigent, and therefore unable to pay for a BAIID, the BAIID provider is required to install the BAIID without charge. You may not be charged except for a one (1) month security deposit that does not exceed the cost of one month’s rental.

F. Exceptions to the Requirement that You Have a BAIID Installed

You may only drive a vehicle equipped with a BAIID. If you are a CDL holder you cannot drive a commercial vehicle on a MDDP. If you operate an employer-owned non-commercial vehicle while working, the Secretary of State may allow you to drive the vehicle without a BAIID. However this exemption does not apply if you drive a school bus or school vehicle; drive a vehicle designed to transport more than 15 passengers; drive an employer-owned vehicle that is owned by a company that you or a family member own; drive an employer owned vehicle that is made available to you for personal use; or drive a vehicle assigned exclusively to you and is used solely for commuting to and from your job.

If you are granted an exemption, you may not drive the vehicle more than 6 days a week, 12 hours per day for work purposes only.

You may also seek a medical waiver of the BAIID requirement by submitting a medical report supporting your request to the Secretary of State. The medical report must establish that you are unable to use the BAIID due to a medical condition. However, as a condition of granting a waiver, you must complete an alcohol/drug evaluation, treatment requirements, and submit to a hearing with the Secretary of State.

G. Violations that will Result in a Cancellation of the MDDP

If you are convicted of or receive court supervision for the following traffic offenses, the MDDP will be cancelled: Leaving the Scene of an Accident involving death or personal injury; DUI; Reckless Driving; Street Racing or Aggravated Street Racing; or any offense for which alcohol or drugs is an element of the offense. If the BAIID device is uninstalled without prior authorization of the Secretary of State, the MDDP will be cancelled.

If there is sufficient reason to believe that a violation of law has occurred relating to operation of a vehicle not equipped with a BAIID; requesting another person to start a vehicle with a BAIID to enable you to operate the vehicle; or tampering with or circumventing a BAIID, the Secretary of State will also cancel the MDDP.

If you have committed a violation resulting in the cancellation of the MDDP, your summary suspension will be extended or you will be re-suspended for a period of twice the suspension’s original length (including any extensions of suspension that you may have received). During the period of any extension or re-suspension, driving privileges are only available by means of a RDP issued after an administrative hearing before the Secretary of State, which require the completion of an alcohol/drug evaluation and all treatment and/or education requirements.

H. Violations that will Result in an Extension or Re-Suspension of the Statutory Summary Suspension

If there are 10 or more unsuccessful attempts to start the vehicle with a BAIID installed within a 30 day period, excluding a breath alcohol (“BrAC”) reading of 0.05 or more; 5 or more unsuccessful attempts to start the vehicle within a 24 hour period, excluding a BrAC reading of 0.05 or more; a BrAC reading of 0.05 or more; a failure of a running retest, or a failure to take a running retest, your summary suspension will be extended or you will be re-suspended for a period of 3-months.

If the Secretary of State determines that a violation of the MDDP law or rules has occurred (other than the traffic violations listed in (G) above which will result in cancellation of the permit), the Secretary of State will enter an extension of the SSS for an additional period of three (3) months. The extension will be added to the termination date of the original suspension. If the suspension has already terminated at the time of the Secretary of State determination, then you will be re-suspended for a period of three (3) months. There are no limitations on the number of times a suspension may be extended or re-suspended (subject to a six (6) month limitation discussed in paragraph (P) below). During any period of suspension (including extension(s) or re-suspension) the only driving relief that you are eligible for is a MDDP subject to BAIID requirements.

However, note that under Secretary of State rules, you may only obtain another MDDP once during any period of a suspension extension or re-suspension.

I. What Happens if the Secretary of State Believes a Violation has Occurred?

If the Secretary of State detects a potential violation you will receive a letter requesting an explanation. A response must be received within 21 days of the violation notice date that reasonably assures the Secretary of State that a violation did not occur. If the response is not adequate, the Secretary of State will either re-suspended, enter an extension of the statutory summary suspension, or cancel the MDDP depending on the type of violation (see (G) and (H) above).

If you wish to challenge a cancellation or extension of the summary suspension you may request a formal hearing before the Secretary of State within 30 days of the notice of suspension or cancellation and upon payment of a $50 hearing request fee.

J. Impoundment, Seizure and Forfeiture of Your Vehicle

If you have received three (3) extensions of your summary suspension for MDDP violations, your vehicle will be impounded. A violation resulting in a fourth extension may result in the seizure and forfeiture of the vehicle. The Secretary of State is required to notify the prosecutor’s office of third and fourth violations.

K. Other MDDP Requirements

You must have the BAIID installed within fourteen (14) days from issuance of the MDDP. Until the device is installed you cannot operate a vehicle for any other purpose.

You can only operate vehicles installed with a BAIID including vehicles that are owned, rented, leased, loaned, etc. The BAIID must be downloaded every sixty (60) days. If your suspension has been extended or re-suspended as a result of a violation that period is reduced to thirty (30) days. If you receive a service or inspection notification you must comply within five (5) working days.

You are required to keep a journal of unsuccessful attempts to start the vehicle, test failures, retest issues or other problems with the BAIID.

L. Other MDDP Violations

If you fail to pay lease or rental fees due to the BAIID provider that result in the removal of the BAIID, the Secretary of State will cancel the MDDP. If you fail to use the BAIID as shown by the monitor report(s) or for fail to submit a BAIID for a monitor report the Secretary of State will extend the suspension or re-suspend you for three (3) months.

Multiple violations occurring within one (1) monitoring period will not result in extensions of suspension or re-suspensions totaling more than six (6) months.

The defense attorneys at The Davis Law Group, P.C. represent individuals charged with driving under the influence throughout the Chicago and its surrounding areas. DUI law is undoubtedly complex and effective representation is necessary. We are able to provide professional legal counsel to our clients and guide them through all aspects of their case. Our practice primarily extends to Cook, Lake and DuPage Counties. If you have been arrested for DUI in Illinois, contact our office to discuss your case.

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