When Is a BAIID Required After a DUI Conviction in Illinois?

 Posted on November 13, 2024 in DUI

People who are convicted of driving under the influence (DUI) may be required to install a Breath Alcohol Ignition Interlock Device (BAIID) in their vehicle. A BAIID is a breathalyzer connected to the ignition that prevents the car from starting if the driver’s blood-alcohol content (BAC) is over a certain limit. It is intended to help prevent further DUIs and also alert authorities if a driver drives while intoxicated.

If you have been convicted of a DUI, a BAIID may be optional, depending on whether this is your first offense. For more details about BAIIDs or for questions about a DUI charge, speak with an Illinois DUI defense attorney.

When Is a BAIID Required?

Not all DUI offenders are required to install a BAIID, but they may choose to. The requirements become more strict depending on whether it is your first DUI. They are as follows:

• First offense: A first-time DUI offender’s driver’s license is suspended for six months. However, the offender may be eligible to obtain a special permit to drive during that period in exchange for agreeing to install a BAIID. This permit, called a Monitoring Device Driving Permit (MDDP), allows the holder to drive in a vehicle equipped with a BAIID.
• Second or third offense: Someone convicted of two or three DUIs must obtain a restricted driving permit (RDP), which sets certain driving restrictions. The only way to have full driving privileges restored is to install a BAIID on any vehicle the driver owns and drive only BAIID-equipped cars for five years. 
• Four or more offenses: Someone who is convicted of four or more DUIs can only apply for a restricted driving permit after five years and then must drive with a BAIID for life.

How Does a BAIID Work?

A BAIID is a device that checks the driver’s blood-alcohol content (BAC) and will only allow the car to start if it is under a certain limit. Although a BAC of 0.08% is the legal maximum for drivers, a person convicted of a DUI may not have a BAC higher than 0.025%.

In Illinois, BAIIDs must also be equipped with a camera that photographs the driver when he or she uses the device. The driver’s picture will be taken while blowing into the BAIID, which will measure his or her BAC. If the BAC is less than 0.025%, the driver can start the car. While driving, the BAIID will prompt the driver to perform "rolling retests" at certain intervals, which means blowing into the device again.

The photographs and test results are sent to the Secretary of State’s office, which reviews the information every 60 days.

Contact a Naperville, IL DUI Defense Attorney

In addition to the heavy penalties a DUI carries in Illinois, driving with a BAIID can be a frustrating and even humiliating experience. Make sure your rights are protected by contacting the Law Office of Patricia Magaña, LLC. Our extensive experience in DUI defense will help us create a smart legal strategy to defend your rights and your future. Schedule a free consultation with an Aurora, IL DUI defense lawyer by calling 630-448-2001 now.