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Consequences of violation of the Illinois MDDP

Since January 1, 2009, Illinois has authorized the issuance of Monitoring Device Driving Permits (MDDP). An MDDP allows you to drive for any reason, at any time, for any distance, during the statutory summary suspension. The statutory summary suspension occurs if you refuse to take a breath test, or take the test and register above the legal limit of .08.

In exchange for receiving driving privileges, you must agree to have a machine that tests for alcohol installed on any vehicle your drive (unless it is your employer’s vehicle). The machine records the breath results and transmits them to the Illinois Secretary of State. You pay the Secretary of State to administer the program and you pay the provider of the machine to install, maintain and monitor the machine.

You cannot have an MDDP (or otherwise drive) if you have had a DUI arrest in the past 5 years. Even if you have not had a DUI arrest in the past 5 years, you do not qualify for the program if you:

1. Have an otherwise invalid driver’s license.
2. Were charged with a DUI that resulted in death or great bodily harm.
3. Had a previous conviction for reckless homicide.
4. Are less than 18 years of age.
5. Are convicted of the DUI. In such cases, you may have a Restricted Driving Permit hearing with the Illinois Secretary of State.

If you receive an MDDP, it is subject to rules. Violations of the rules include:

·1. BAC of .05 or more
·2. Failing a running retest or failing to retest
·3. Removing the BAIID
·4. Tampering with the BAIID
·5. At least 10 unsuccessful starts in 30 days
·6. 5 or more unsuccessful starts in 24 hours
·7. Failing to take the device to the installer for the purpose of obtaining readings.

A first or second violation of the MDDP program will result in an additional 3-month suspension. Upon a third violation, your vehicle will be confiscated for 30 days. A fourth violation will result in the police taking away your vehicle forever.

If you obtain an MDDP and are caught driving a vehicle that does not have a breath machine installed, you may be charged with a felony. If you do not obtain an MDDP and are caught driving, you may be charged with a felony.

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