The Law Offices of William Margolin

What Is The Breath Alcohol Interlock Ignition Device (BAIID)?

BAIID (Breath Alcohol Interlock Ignition Device) is a machine that is installed in your vehicle. You must blow into a mouthpiece before your vehicle will start. The machine analyzes your breath and records the results.

The Secretary of State analyzes those results to determine if you consumed alcohol before starting your vehicle. In addition, the machine will require you to take tests while you are driving down the road (rolling test) in order to determine if you consumed any alcohol after starting your vehicle.

If you have been arrested more than once for DUI, you will probably be required to have a BAIID. Most people required to have a formal hearing are subject to the BAIID program.

In most cases, the BAIID is required only for individuals who are granted an RDP rather than full reinstatement. However, if you have been convicted of DUI on 2 or more occasions (not simply arrested, but actually convicted and had your license revoked), you are a multiple BAIID offender and must have the BAIID for 12 months even if you are reinstated.

Furthermore, a multiple BAIID offender must have the BAIID on every vehicle that is titled in his name, either solely or with someone else, such as a spouse or child. My advice to multiple BAIID offenders whose name is on more than one title is to remove your name, which is a perfectly legal, legitimate and recognized means of avoiding having to install the device on every vehicle.

There are costs associated with the BAIID, all of which are your responsibility. The Secretary of State collects a BAIID administration fee up front. The BAIID servicing agent (oftentimes a mechanic or filling station) charges to install and remove the machine. The BAIID rules also require you to have the machine read and calibrated by the servicing agent on a periodic basis, something for which the servicing agent will charge you.

There are work vehicle exceptions to the BAIID requirement. If you are required to drive a work vehicle on the job and other employees also drive that vehicle, you will probably only have to install the BAIID on your personal vehicle.

What Is SR-22 High Risk Insurance?

Another requirement is that you obtain SR-22 insurance, also known as high-risk insurance. It is not necessary that you have the insurance in place in order to proceed with a hearing. You must carry the SR-22 insurance for 36 months. You may purchase the insurance at any time, even if you do not own a car or have a license or permit.

What Is The Difference Between Suspensions And Revocations?

Suspensions: The Secretary of State will suspend your license following a DUI arrest if you refused to take a chemical test, or registered .08 or higher after taking the test. The suspension that results from a failure or a refusal is known as a Statutory Summary Suspension (SSS).

The SSS will be in effect for 6, 12 or 36 months as discussed in the next topic (“Length of Chemical Test Suspension”). Provided that there are no other holds on your license, at the end of the suspension time, you are free to drive upon satisfying some minor requirements for the Secretary of State and upon payment of the reinstatement fee.

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Revocations: For a first DUI conviction, the revocation period runs for a minimum of one year. If there is a second DUI conviction within 20 years of the first conviction, the second revocation will be for a minimum of 5 years. For a third conviction, the revocation is for a minimum of 10 years. If you have four or more DUI convictions, any one of which resulted from an arrest that was made after January 1, 1999, you can never drive again, even for work. Nor will Illinois clear you to obtain a license in another state. Out-of-state convictions are included in determining whether there is a lifetime ban.

The length of the revocation represents the minimum period of time you will be revoked. The end of the 1, 5 or 10 years means nothing more than that you are entitled to request reinstatement of your driver’s license if there is no SSS still in effect.

You should not interpret this right to request reinstatement as meaning you will automatically receive a permit or be reinstated. You must first undergo the hearing process with the Secretary of State that is described earlier in this article.

Therefore, do not act under the mistaken impression that if you are convicted of DUI, you will be revoked for a year and then automatically be able to obtain a license or permit from the Secretary of State. A permit, let alone driver’s license reinstatement after a DUI revocation, is anything but automatic.

Sometimes there is a confusing interplay between an SSS and a DUI revocation. You may be revoked for 12 months. At the same time, you may be suspended for 3 years. The Secretary of State cannot and will not give you a hearing to request a license or RDP until the 3-year suspension has ended.

Only once the suspension ends may you have a hearing with the Secretary of State. At that point, you are entitled to request reinstatement of your driving privileges or an RDP.

If the revocation is for 5 or 10 years and you are suspended for 3 years, you may request a permit from the Secretary of State at the end of the 3 years. However, you cannot request reinstatement while the revocation is still in effect. While the revocation is still in effect, in order to receive an RDP, you must prove “undue hardship”, discussed later in this article.

Length of Chemical Test Suspension: If you refused or failed the breath test offered to you at the jail or police station (the “chemical test”), your license will be suspended. The length of the suspension depends upon whether you took or refused the test and whether you are a “first offender”.

First Offender: For purposes of determining the length of the suspension for the most recent DUI arrest, if you have not been arrested for DUI in the previous 5 years, you are considered a first offender, even if there are other DUIs that are older than 5 years. A first offender who takes and fails the chemical test will be suspended for 6 months. A first offender who refuses to take the chemical test will be suspended for 12 months.

Non-First Offender: If you had a DUI arrest within the previous 5 years, and if for the most recent DUI you failed the chemical test, your license will be suspended for 12 months. During that 12 months, you cannot drive for any reason whatsoever, even for work.

If you had a DUI arrest within the previous 5 years, and if for the most recent DUI you refused the chemical test, your license will be suspended for 3 years. During that 3 years, you cannot drive for any reason whatsoever, even for work.

In determining whether or not you are a first offender, a previous DUI arrest within the previous 5 years that resulted in dismissal of the DUI but entry of a breath test suspension on your record prevents you from being a first offender if you refused the test for the previous DUI. Only if you took the test for the previous DUI following a trial and were found not guilty of the previous DUI would you qualify as a first offender.

Undue Hardship:

You may be required to prove that you have a driving-related hardship. For a work permit (RDP), we must show that your inability to drive has affected your job and/or your income.

Some examples of undue hardship would exist if, because of your inability to drive, you have been:

  • Absent from, or late arriving to, work on a frequent basis;
  • Deprived of the chance to earn overtime pay;
  • Threatened with being fired if you do not obtain an RDP;
  • Disciplined;
  • Passed over for a promotion or for a better-paying job; or,
  • Fired from, or been unable to accept, a job.

If you are a member of a Union, hardship would exist if you missed jobs available through the Hall because you could not drive to the jobs, or turned down so many jobs that the Hall has stopped calling you or calls you only as a last resort.

Another type of hardship exists if an employer has promised to hire you if you obtain a permit. Those are called prospective employers.

It is not enough that someone, whether you or another person, or both, has been inconvenienced because you cannot drive. Nor is it enough that your boss says you not having a license is a hardship on the company, or that you are “worried” about your job.

It is essential that you obtain a letter from your employer (or Union) supporting your claim of hardship. Letters that sing your praises, comment about your reliability, etc. are NOT what the Secretary of State wants.

For more information on Breath Alcohol Ignition Interlock Device, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (847) 623-2424 today.

Call NOW for your FREE Consultation
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