This information is brought to by the Illinois Department of Transportation and you can find the information on their website.

                 
ILLINOIS’ FIRST OFFENDER You must be a first time offender to qualify for the MDDP. (Five years)

Monitoring Device Driving Permit (MDDP): Replaces Judicial Driving Permits (JDP).
This is the document the subject needs in order to drive. The driver may drive at any time, to any place within Illinois, for any reason, so long as the car (s)he is driving has the BAIID installed.

Period of Suspension: If a subject takes the breath/chemical test under implied consent and is .080 or over (or satisfies any of the other positive testing criteria) then the suspension is six months. If the subject refuses chemical testing under implied consent, then the suspension is 12 months. This applies to “first offenders” only. Suspension
periods for repeat offenders are not affected by this law.

Start/End of Suspension Period & “Hard” Time: Remains unchanged. The suspension starts on the 46th day from the date of the sworn report. The first 30 days are still a “hard” suspension during which no relief is available. Assuming no violations, the suspension ends on the last day of the 6th month or 12th month and the subject may pay a reinstatement fee to reinstate full driving privileges.

Conditions that Make a Driver Ineligible for an MDDP:
1. License is otherwise invalid
2. If death or great bodily harm resulted from this DUI arrest
3. If previously convicted of reckless homicide or aggravated DUI/causing death
4. If not a “first offender” as defined by the IVC.
5. If offender is under 18 years of age
6. CDL holders are not eligible for MDDP on their CDL license.

Series of Events to Obtain the MDDP:
1. Offender arrested for DUI. ↓
2. Sworn report sent to SOS. ↓
3. SOS sends confirmation to offender – with MDDP Information ↓
4. Offender goes to court. ↓
5. Judge Asks: Do you want an MDDP? ↓
a. If yes, then offender fills out the order, which the judge signs.b. If no, then box on form indicating that offender is opting out is checked – the offender signs to confirm. The judge signs the form.
↓
7. The signed order is sent to the SOS. ↓
8. SOS reviews eligibility per law. ↓
9. SOS determines offender requirements and fees. ↓
10. SOS sends communication to offender regarding requirements and fees. ↓
11. Once the requirements are met, SOS will send the MDDP. ↓
12. Offender must install BAIID within 14 days of BAIID being sent. (S)He may drive one time without a BAIID, to the provider, once (s)he receives the MDDP.

Series of Events – Once MDDP is Issued:
1. SOS computer begins monitoring. ↓
2. BAIID vendor reports installation to SOS. ↓
3. If BAIID is not installed, computer will cancel MDDP. ↓
4. Subject must bring device to vendor (in car) every 60 days (assuming no violations). ↓
5. BAIID vendor sends report from device to SOS. ↓
6. Computer looks for administrative rule violations. ↓
7. SOS handles violation confirmation and sanctions.

What Constitutes a Violation:
(1) Tampering or attempting to tamper with or unauthorized circumvention of the BAIID
(2) Ten (10) or more unsuccessful attempts to start a vehicle with a BAIID within a 30 day period.
(3) Five (5) or more unsuccessful attempts to start a vehicle with a BAIID within a 24 hour period
(4) A BrAC reading of 0.050 or more.
(5) Failing a running retest or failure to submit to a running retest.
(6) Failure to utilize the BAIID “as required.”
(7) Failure to submit a BAIID for a monitoring report in a timely manner

Consequences of a Confirmed Violation: (1) 90 day extension of the SSS period.
(2) In cases of a 3rd extension, local law enforcement may impound vehicle for 30 days.
(3) In cases of a 4th extension, local law enforcement may seize the vehicle and it is subject to forfeiture.

Indigent Funds: The law provides for a fund to allow individuals who cannot afford the fees associated with the device an opportunity to participate in the program. Vendors are required to pay 5% of the total gross revenue for each device installed, including monthly monitoring fees. The court is to make the determination of indigent status. There will be\ a section on the MDDP order for the court to notify the SOS. A vendor will seek reimbursement from the SOS indigent fund when it installs a device on the car of a person who has been deemed indigent.

There is no definition of what qualifies a person for indigent status under this law. There is no provision for the court or the SOS to allow for a “sliding scale” method of payment.

Opt - Out Provision: An offender may choose to “opt-out” of the BAIID program and serve the period of summary suspension with no relief. A person who has opted out may return to the court at any time during the suspension to change his/her election. Likewise, a person who received an MDDP may “opt-out” at any time.

Employer Owned Vehicles/”Work Exemption”: This provision will not apply to commercial vehicles/driver’s licenses. If a person must drive for work purposes a car other than their own (employer-owned or controlled vehicle), they may ask for an exemption. This option is located on the MDDP order and will be signed by the offender and the judge. The SOS will make all other determinations. SOS will require a written letter from the employer on letterhead. The offender will have special paperwork from the SOS that (s)he must carry when driving the employer vehicle. The offender may only drive the vehicle in the scope of employment; it may not be a “take home” car. The offender will not be eligible for this exemption is (s)he is self-employed or works for a family-owned business. The SOS will make this determination.

The offender may still obtain an MDDP for his/her personal vehicle, a take-home vehicle or in the case of self- or family-owned employment.

Criminal Violations/Sanctions

625 ILCS 5/6-303
“(a) Any person who drives or is in actual physical control of a motor vehicle on any highway of this State at a time when such person's driver's license, permit or privilege to do so or the privilege to obtain a driver's license or permit is revoked or suspended as provided by this Code or the law of another state, except as may be specifically allowed by a judicial driving permit issued prior to the effective date of this amendatory Act of the 95th General Assembly, monitoring device driving permit, family financial responsibility driving permit, probationary license to drive, or a restricted driving permit issued pursuant to this Code or under the law of another state, shall be guilty of a Class A misdemeanor.” (Emphasis added.) Note: Read the above in conjunction with 206.1 below. If they are driving a car with an MDDP and a BAIID, but are in violation of the MDDP requirements (e.g., refusing a rolling retest) they are guilty of a class A misdemeanor. §§(c-3) & (c-4) – During the SSS period a person who does not have an MDDP and drives is guilty of a class 4 felony. A person who has an MDDP but is driving a car without a BAIID is guilty of a class 4 felony.

730 ILCS 5/5-6-1
§§(m)(1) & (m)(2) – If found guilty of 625 ILCS 5/6-303(c-3) or (c-4), then the defendant is not eligible for court supervision.

625 ILCS 5/6-206.1
“A person who drives and fails to comply with the requirements of the monitoring device driving permit commits a violation of 6-303 of this code.”

625 ILCS 5/6-206.2 (P.A. 95-027)

§§(a-5) – If a driver solicits another person to blow into the device, (s)he is guilty of a
Class A misdemeanor

§§(b) – It is unlawful for a person other than the driver to blow into the device for the purpose of starting the car for that driver. This is a class A misdemeanor.

Miscellaneous Issues & Frequently Asked Questions

How are JDPs Being Eliminated?
For DUI offenses charged up to 12/31/08 (even up to 11:59 p.m.) the defendant is eligible only for a JDP and his/her suspension shall be three months for a failed test or 6 months for a refusal. Therefore, judges will still be issuing JDPs, well after January 1 2009. Assuming a 6 month suspension that begins on the 46th day after arrest, there will be offenders with JDPs until mid-August. For any first-offense DUI charged on or after 1/1/2009 (beginning at 12:00 a.m.) the defendant is eligible only for an MDDP and his/her suspension shall be 6months for a failed test or 12 months for a refusal. The defendant can request the MDDP paperwork be filed at any time, however, the first MDDPs will not go into effect until mid-March (suspension goes into effect on the 46th day and the first 30 days are a “hard” suspension).

Offenders arrested in 2008 are not eligible for the MDDP program.
Offenders arrested in 2009 are not eligible for the JDP program.

What is a First Offender Under this Law?

A fist offender is defined in 625 ILCS 5/11-500. “A “first offender” shall mean any person who has not had a previous conviction or court assigned supervision for violating Section 11-501, or a similar provision of local ordinance, or a conviction in any other state for a violation of driving under the influence or a similar offense. . .or any person who has not had a driver’s license suspension for violating Section 11-501.1 within 5 years prior to the date of the first offense. . . .” (emphasis added).
This definition is for purposes of 5/6-206.1 and 5/6-208.1 only.

What Happens to the MDDP Upon Conviction for DUI?

The MDDP is cancelled by the SOS and the driver is revoked. This can happen because,
as described above, an individual can be considered a “first offender” for SSS purposes, but a second or subsequent offender under 730 ILCS 5/5-6-1.

Who Handles Petitions to Rescind Statutory Summary Suspensions?

There is no change to this provision. Petitions are still handled in the court system and the State’s Attorney or municipal prosecutor is still responsible for defending them.