Illinois DUI Lawyer Blawg

As any lawyer familiar with Illinois DUI laws is aware, since January 1, 2009, Illinois has allowed drivers suspended for DUI to obtain a driving permit upon installation of a BAIID machine. Some commentators have questioned whether the MDDP program is effective.

The BAIID machine is part of the MDDP program. Evidence exists that the BAIID machine provides false alcohol readings caused by pizza, mouthwash, cough medicine and other substances other than alcohol. Therefore, we arguably have a program that is not only ineffective but also unfair.

The MPPD program comes into play when your license is suspended before you conclude your DUI case. On the other hand, if you are convicted of the DUI, your license will be revoked and you must have an Illinois Driver's license reinstatement hearing with the Illinois Secretary of State.

Continue reading "Some question reliability of the Breath Alcohol Interlock Ignition Device (BAIID)" »

Not every person who has a Driving Under the Influence conviction (DUI) is required to have the Breath Alcohol Interlock Ignition Device (BAIID) ("breath machine" or "blow machine").

The Breath Alcohol Interlock Ignition Device (BAIID) comes into play in many but not all Restricted Driving Permit (RDP) and reinstatement cases. The purpose of the machine is to detect alcohol on your breath.

If you are issued an RDP and are required to have a BAIID, you must hire a licensed installer to place the BAIID in any vehicle you intend to operate while the permit is in effect. The vehicle will not start unless you blow into a tube that is connected to the motor vehicle's ignition system.

In addition, while the car is moving, at random intervals you will be required to blow into the tube. The results are stored electronically in a computer chip that is part of the BAIID machine.

On a monthly basis, the results of the readings are electronically transmitted to the Secretary of State. If there are alcohol readings, the Secretary of State will mail you a letter requesting an explanation.

If the explanation is acceptable, that is the end of the inquiry. If the Secretary of State rejects the explanation and you are classified as alcohol dependent, the Secretary of State will cancel the permit or license. In that case, he will not give you a hearing to request a new license or permit for a year unless you successfully contest the cancellation by persuading a hearing officer that the alcohol readings and resulting cancellation were in error.

Continue reading "Breath Alcohol Interlock Ignition Device (BAIID) not always required for Illinois Driving Under the Influence (DUI) convictions" »