Driving Under the Influence
The order of events during a DUI stop in Illinois is important to know and keep in mind. You may be stopped at a roadside safety check-point or based on a traffic infraction or unusual operation of your vehicle. A police officer cannot stop you (except at a check-point) unless he or she has a reasonable basis (probable cause) to believe that a traffic law or other law has been violated.
Once you are pulled over, the officer observes your behavior and appearance. The officer will ask you for your driver's license, vehicle registration and insurance card. During this time he will be looking for any signs that you are under the influence of alcohol, such as the fumbling of your license, if you are able to follow instructions, whether you smell of alcohol, if you have slurred speech, etc.
If the officer does not suspect the driver is under the influence of alcohol, the driver is released with any applicable traffic violations, but not a DUI / DWI. However, if the officer suspects the driver is under the influence of alcohol based on those observations, the driver is asked to submit to field sobriety tests (FST's). Field Sobriety tests usually include the horizontal gaze nystagmus, one-leg stand and walk and turn.
If the officer has probable cause based on the field sobriety tests, the driver is placed under arrest for DUI and taken to the police station. The officer must give the arrested driver proper Miranda warnings in order for any statements the driver may make while in custody to be used against him in court. The driver is then asked to submit to chemical testing of breath, urine or blood. Keep in mind that although persons arrested for drunk driving in IL do not have the right to choose the type of chemical test they submit to, a summary suspension will be rescinded where the officer allows the motorist to choose and then refuses to honor his or her choice. Also persons arrested for drunk driving or charged with DUI / DWI in Illinois do not have the right to consult with an attorney prior to deciding to submit to or refuse chemical testing. However, those who are allowed to confer with an attorney cannot be forced to submit to or refuse testing until they have received a full and fair opportunity to obtain a consultation with that attorney.
If the driver submits to a chemical test, and the test determines the driver is not under the influence of alcohol, the driver is released with any applicable violations. If a tested driver's blood alcohol content (BAC) is more than .05 but less than .08 percent, no summary suspension will apply, but the driver can still be charged with a DUI. If the driver's test results show a BAC of .08 percent or more, or any trace of a drug, illegal substance or intoxicating compound, summary suspension will apply and the driver will be charged with a DUI. If the driver's license is valid, the driver will be allowed to continue to use it for 45 days.
If the driver refuses or fails to complete testing, summary suspension will apply and the driver will probably be charged with a DUI. In the state of Illinois, a repeat offender who refuses testing will not be eligible for a Restricted Driving Permit (RDP) during the three-year suspension. A repeat offender who takes the test and fails is not eligible for an RDP during the 12-month suspension.
There are several other things to keep in mind regarding DUI / DWI violations in Illinois. Field sobriety tests and chemical tests are often found to be inaccurate. There are many things that can affect the results of these tests. For example, you may have an injury that affects your ability to complete the FST’s. Or you may be tired or nervous. Also, if a person smoked a cigarette, belched, etc. shortly before taking a breath test, the results can be inaccurate. These are reasons why finding a good DUI / DWI attorney who knows and understands Illinois drunk driving laws is so important.
Another important aspect of a DUI charge is that the prosecutor must prove that you were actually driving the vehicle. A defendant’s admission to driving, without more, does not prove a charge of driving under the influence. The police officer must have observed you driving the vehicle, or have a reliable basis to prove you were driving. Also, a person who was not driving their car on a public roadway cannot be suspended for drunk driving.
If you or someone you care about is charged with DUI, DWI, or some type of drunk driving offense, it is critical that you contact a lawyer that is familiar with the Illinois laws. Understanding the types of errors that are common, and investigating all the potential problems, is the first step in a successful defense to a DUI, DWI, or drunk driving case.
Monitor Device Driving Permit (MDDP)
If you fit the definition of a first time DUI offender in Illinois, you may be eligible for driving relief during your Statutory Summary Suspension (SSS) after the 31st day from the effective date. You are eligible to receive a Monitoring Device Driving Permit (MDDP) from the secretary of state. This permit will allow you to drive to any location at anytime during your suspension with the requirement that you drive a car equipped with a Breath Alcohol Ignition Interlock Device (BAIID). You may opt to not participate in the BAIID program, but you will not be eligible for any other driving relief during your SSS. If you opt out of the program and are subsequently caught driving during your SSS, you will be guilty of a class 4 felony.
Ineligibility
• You are ineligible for an MDDP if your driver’s license was otherwise invalid at the time of the DUI arrest
• You are ineligible for an MDDP if death or great bodily harm resulted from this DUI arrest
• You are ineligible for an MDDP if you have previously been convicted of reckless homicide or aggravated DUI, which resulted in a death
• A MDDP will not allow a CDL holder to operate a CMV during the SSS
• If you failed a chemical test or refused a chemical test for DUI in the past 5 years (not including this arrest)
if you are under age 18 years old.
Restrictions
MDDP will not be effective until the 31st day of your SSS
You will be required to use an Illinois certified BAIID provider to install/monitor a BAIID on any vehicle you will be driving during your SSS
If you are found driving a car without a BAIID during the SSS you will be guilty of a class 4 felony
Exemptions
If you will need to drive employer owned vehicles during the course of your work hours and the car is not specifically assigned to you, you may be eligible for a work exemption for the driving you do on work hours
If you believe you are eligible for this exemption, please bring your employers name, address, and phone number with you to court so that the Illinois Secretary of State can contact them for verification
How do i get an MDDP?
At your court appearance, inform the Judge of your desire to obtain an MDDP. You will then fill out an application, which will be forwarded to the Illinois Secretary of State’s office for processing. After the Secretary of State receives your application your records will be reviewed for eligibility. If you are eligible and have paid all of the fees, your MDDP will be issued.
How long will it take?
You are not eligible to receive an MDDP until the 31st day of your SSS. The Secretary of State will issue the MDDPs as efficiently as possible.
How does the program work?
Once your MDDP is issued, you will have 14 days to have a BAIID installed on any and all cars you wish to drive during your SSS.
From the date it is installed, the BAIID will be read once every 60 days. However, if the BAIID detects an accumulation of 5 violations, your machine will be recalled early for monitoring. The Secretary of State’s office will evaluate the results and determine if there have been any violations of the program during that monitoring period. If no violations are detected, no further action will be taken. If there are violations, the Secretary of State will send a letter giving you an opportunity to explain the violation. If you do not respond to this request or your explanation is deemed insufficient, your SSS may be extended for an additional 3 months and you will submit to monitoring every 30 days and/or your MDDP may be cancelled.
Can the judge deny me the MDDP?
No, unless you are deemed ineligible by the criteria listed above.
How much does the MDDP program cost?
Cost will depend on the length of your SSS. You will be required to pay a $30 per month non-refundable, monitoring fee to the Illinois Secretary of State for the length of the MDDP. This fee will be paid in full, upfront before the MDDP is issued.
For the actual device, you will have to pay an installation fee, monthly rental fees, and calibration fees. All of these expenses are worked out with the Illinois Certified BAIID provider of your choosing.
An indigent fund is available to assist in the cost of the BAIID if the offender is found to be indigent by the courts.
Can I leave the MDDP program?
If you decide that you no longer wish to drive during the remainder of your SSS, you can opt out of the program at any time. You will need to surrender your MDDP to the Illinois Secretary of State, upon which you will be given authorization to have the BAIID removed from your vehicle(s).
If you opt out of the program and are subsequently caught driving during your SSS, you will be guilty of a class 4 felony.
BAIID
BAIID Installation Sites
BAIID installation sites are located statewide. View the BAIID Program to view all the providers and their installation sites. If you do not have access to the Internet, please call (217) 524-0660 to request a listing by county.
When and Where can I Drive with the MDDP/BAIID?
You are not restricted by time or distance in anyway. You are allowed to drive 24 hours a day, 7 days a week to any location as long as you have a BAIID installed on the vehicle you are driving.
Work Exemption
The work exemption is only for employer-owned vehicles that you drive through the course of your workday. In that case, you would be allowed to drive these employer owned vehicles during work hours without the BAIID installed. However, if the car is assigned specifically to you and you take the car home at night, then you would not be eligible for the work exemption.
If you drive your own car to and from work, but then drive employer vehicles during work, then you would be allowed the exemption for the work-related vehicles. However, your personal vehicle would need to be equipped with the BAIID.
Driving While Revoked or Suspended
The Secretary of State considers driving while revoked or suspended one of the most serious driving offenses one can commit in the absence of bodily injury. If the underlying suspension or revocation stems from a DUI or statutory summary suspension, first time offenders face a mandatory minimum 10 days in jail or two hundred forty hours of public service work ( 625 ILCS 5/6-303). Multiple offenders face increased mandatory minimums in jail time or public service work. Also, if convicted of driving while revoked or suspended, the length of your revocation or suspension will be increased, possibly to twice its original length.
If your driving privileges are revoked, a conviction for even a petty traffic offense will cause your eligibility date for full reinstatement to be pushed out one year from the date of said conviction.