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Driving Legally During First-Time DUI License Suspension

Posted on in DUI Defense

IL defense lawyerIf you are caught driving under the influence in Illinois, part of the punishment is the suspension or revocation of your driver’s license. However, the state realizes that most people need to drive in order to earn a living and care for their families. The solution is the Breath Alcohol Ignition Interlock Device (BAIID), also commonly known as an in-car breathalyzer, blow-and-drive lock, or blow-to-go device.

Driver’s License Suspension for First-Time DUI Offenders

If you are arrested for DUI in Illinois and you either fail the evidentiary test (that is, your blood-alcohol concentration, BAC, is at or above .08) or you refuse to be tested, your Illinois driver’s license will automatically be suspended.

This is known as the statutory summary suspension. It takes effect on the 46th day after your arrest. In other words, you have a 45-day grace period during which you can keep driving as usual. But after that, the police can charge you with driving on a suspended license.

The length of the statutory summary suspension depends on your DUI history. If you have not been arrested for DUI within the last five years, the statutory suspension period is six months for failing or 12 months for refusing the evidentiary BAC test.

You may also face other penalties for committing the crime of DUI, depending on the outcome of your criminal court case. The statutory summary suspension is an administrative penalty handled through the Illinois Secretary of State’s office, completely separate from the criminal case.

Driving During First-Time DUI License Suspension with MDDP and BAIID

First-time DUI offenders are immediately eligible for a Monitoring Device Driving Permit (MDDP), which allows you to drive a BAIID-equipped vehicle any time, any place, during your suspension period. (Effective January 1, 2016, there is no longer a mandatory 30-day suspension before you can get an MDDP.)

The Secretary of State’s office will only deny an MDDP application for these reasons:

  • You are under age 18.
  • Your driver’s license was already suspended or revoked for some other reason, or you were driving without a license.
  • Your DUI caused a death or great bodily harm.
  • Your driving record shows a previous conviction for reckless homicide or aggravated DUI involving death.

If you apply immediately, you should have your MDDP in hand in about two weeks. You then have two weeks to get the BAIID installed in your vehicle. Thus, if you move quickly, you will have this all done before your 45-day grace period is up and your suspension begins. So you will not suffer any period of time during which you cannot legally drive.

There is, of course, a cost to pay for BAIID installation ($70-$100), rental ($60 to $100 per month), removal ($100), and state monitoring ($30 per month). The fees vary by BAIID vendor, but can easily add up to $800 or more for a six-month suspension.

Talk to a Knowledgeable DuPage County DUI Defense Attorney

You may be able to challenge the statutory summary suspension of your driver’s license following a DUI, saving you the significant cost, hassle, and embarrassment of installing a BAIID in your vehicle. But you must act quickly. Contact an experienced Oak Brook DUI defense lawyer. Also, do not assume that a conviction in your DUI criminal case is automatic; it may be possible to avoid even a court supervision sentence. Call McMahon Law Offices at 630-953-4400 for a free consultation.

 

Sources:

https://www.cyberdriveillinois.com/publications/pdf_publications/baiid3.pdf

http://www.cyberdriveillinois.com/publications/pdf_publications/baiid17.pdf

https://www.cyberdriveillinois.com/publications/pdf_publications/dsd_a118.pdf

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