Proposed DUI Reform Raises Questions About Ignition Interlock Requirements

Ignition interlock devices are designed to prevent a vehicle from starting when a driver has consumed alcohol, making them an important tool in efforts to reduce repeat impaired driving. A recent debate in California over whether to expand the use of ignition interlock devices to first-time DUI offenders illustrates the competing concerns surrounding these requirements. Illinois already uses ignition interlock technology extensively as part of its DUI laws. If you have been arrested for DUI in Illinois and have questions about whether you may be required to install an ignition interlock device, you should speak with an experienced Illinois DUI defense attorney about your rights and options.

California’s Proposed DUI Reform

It is reported that a California Senate committee substantially amended legislation that initially would have required all people convicted of DUI offenses to install ignition interlock devices in their vehicles. Under the existing California system described in the article, the devices are required for repeat DUI offenders and people involved in crashes resulting in injuries. The proposed legislation would have expanded that requirement to first-time DUI offenders as well. The Senate Appropriations Committee reportedly amended the legislation to remove the requirement for first-time offenders, despite support for the broader proposal from other lawmakers and families affected by drunk driving.

It is reported that the legislative dispute occurred as California continues to confront an increase in alcohol-related roadway fatalities. According to the article, alcohol-related roadway deaths in the state have increased by approximately 50 percent during the past decade. The issue also received renewed attention following a recent DUI crash that reportedly killed an eight-year-old child. Families who have lost loved ones to impaired drivers expressed frustration over the decision to narrow the proposed ignition interlock requirement as the legislation proceeded toward final negotiations.

Illinois Law Regarding Ignition Interlock Devices After a DUI Arrest

Illinois law already makes substantial use of Breath Alcohol Ignition Interlock Devices, commonly referred to as BAIIDs. A BAIID is installed in a vehicle’s ignition and requires the driver to provide a breath sample before the vehicle will start. The device measures the driver’s breath alcohol concentration, and the vehicle will not start if the sample registers a BAC of .025 or greater. Illinois also requires BAIIDs to contain cameras that capture an image of the person providing the breath sample.

First-Time DUI Offenders May Use a BAIID to Continue Driving

Under 625 ILCS 5/6-206.1, an eligible first-time DUI offender who is subject to a statutory summary suspension may obtain a Monitoring Device Driving Permit. The MDDP allows the person to retain driving privileges during the suspension, but the person generally must drive a vehicle equipped with a BAIID. Once the Secretary of State issues the permit, the device must be installed within 14 days. Unlike a traditional restricted permit, an MDDP generally allows an eligible driver to drive at any time and to any location, provided the driver complies with the BAIID requirements. citeturn1search9turn1search0

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