Who Is Eligible for a Monitoring Device Driving Permit in Illinois?

 Posted on September 20, 2019 in DUI

Driving under the influence (DUI) of drugs or alcohol is illegal in all 50 states. There is also no denying that drunk driving endangers not only the driver but other motorists on the road as well. According to the National Highway Traffic Safety Administration (NHTSA), an average of one alcohol-impaired driving fatality occurs every 51 minutes in the United States. 

A DUI charge carries severe consequences in Illinois. Some of the penalties can include fines, mandatory alcohol education classes, loss of driving privileges, or even jail time. Depending on the circumstances, however, a driver may be eligible for a monitoring device driving permit (MDDP). 

What Are the Qualifications for MDDP? 

In Illinois, a statutory summary suspension provides for the automatic suspension of driving

privileges for a driver who fails, refuses to submit to, or does not complete chemical testing for blood alcohol content (BAC) after being arrested on suspicion of DUI. During the suspension, a first-time DUI offender may be granted an MDDP from the Secretary of State’s office, which allows unlimited driving throughout the period. 

It is important to note that a first-time offender only qualifies for the MDDP if he or she did not have a prior statutory summary suspension within the previous five years, was not convicted of an Illinois DUI or ordered court supervision for DUI, or was not convicted of DUI in a different state within five years. If a driver commits a second DUI offense under the suspension, he or she is not eligible for any form of driving relief.

Regarding eligibility for an MDDP, the following criteria also applies:: 

• A Breath Alcohol Ignition Interlock Device (BAIID) must be installed in the offender’s automobile within the suspension period. 
• Commercial driver’s license (CDL) holders are not eligible for the MDDP.
• The MDDP is not possible if the offender’s driver’s license is invalid. 
• The MDDP is not possible if the DUI incident resulted in death or great bodily harm to another person.
• The offender is not entitled to the MDDP if he or she was convicted of aggravated DUI or reckless homicide that resulted in a fatality.
• The offender is responsible for all costs associated with the MDDP and BAIID.
• A driver under 18 years old does not qualify for an MDDP.

If an individual has his or her driving privileges suspended or revoked, or his or her driver’s license becomes invalid after receiving the MDDP, the permit must be surrendered to the Secretary of State’s office. However, a person can seek further relief by filing a petition with the Secretary of State for a restricted driving permit (RDP). The RDP also requires installation of a BAIID in most cases.

Contact a Joliet DUI Defense Attorney

If you make the mistake of getting behind the wheel after drinking, it can result in serious consequences. However, you may be able to receive a special driving permit that will allow you to continue driving legally. McNamara Phelan McSteen, LLC understands how a DUI arrest and conviction can negatively impact your life. Our compassionate Will County criminal defense lawyers will fight to make sure your rights were not violated during a DUI traffic stop. To schedule a free consultation, call our office today at 815-727-0100.

Source:

https://www.cyberdriveillinois.com/publications/pdf_publications/dsd_a118.pdf