Chicago DUI Monitoring Device Driving Permit
Probably the single most frequent question our Chicago DUI clients ask us is how to obtain driving privileges during their suspension period. In a DUI case, there is almost always a suspension for either testing over the limit or for refusing to take the test. As detailed in the Statutory Summary Suspension page, a driving suspension is imposed on the 46th day after service of the notice of suspension.
Prior to January 1, 2009 a judicial driving permit could be issued. The judicial driving permit was abolished and replaced with the Monitoring Device Driving Permit (MDDP). The MDDP gives a first offender the option to drive at any time for any purpose on the 31st day of the suspension, but only with a breath alcohol ignition interlock device (BAIID) installed on the car they are operating.
First offenders are the only people eligible for the MDDP. A first offender is defined as a person who has had no DUI suspensions or convictions in the past five years. Also, a first offender is excluded from eligibility if their license is otherwise invalid (suspended or expired), they caused death or serious injury from the arrest for DUI, they have ever been convicted of reckless homicide, or they are under 18 years old.
The court has no discretion in deciding on whether or not to grant a MDDP. If the person meets the eligibility requirements, the court must grant the motion. However, the person does have the choice to “opt-out” of the MDDP. If they do, the court will warn them of the consequences of driving and the person must sign an opt-out statement. If the person is caught driving after opting out of the MDDP, it is a Class 4 felony punishable by up to one to three years incarceration.
Generally speaking, the process for obtaining an MDDP goes like this:
- A person is arrested for DUI.
- They refuse to either take a chemical test or take it and the results are over the limit.
- The officer completes and serves on the person a sworn report notifying the person of the Statutory Summary Suspension. The officer sends a copy to the Secretary of State.
- The Secretary of State receives the report, processes it, and generates a Notice Order of Summary Suspension. This is sent to the person along with an information packet on the MDDP.
- The person retains an attorney and goes to court.
- At court, the attorney indicates whether the client would or would not like to receive a MDDP.
- If they do not, then the court will warn the person about the consequences of driving under suspension and have the person sign the opt-out statement.
- If the person does want a MDDP, the court will grant the order and send the entry to the Secretary of State.
- The Secretary of State receives the order, processes it, reviews the person’s eligibility, and determines any requirements that must be completed before the MDDP is issued.
- The Secretary of State then sends the requirements to the person that must be fulfilled.
- Once the person has met the requirements (usually financial) then the Secretary of State sends the MDDP.
- The person then has 14 days to have the BAIID installed.
The fee to the Secretary of State is $30 per month. That fee must be paid up front for the entire suspension period. If the suspension is for six months, the fee is $150 or $330 for a 12-month suspension.
Private companies handle the installation of the BAIID device. The fees vary, but average $85 for installation and a $75 per month rental/maintenance fee. The person must bring their car to the BAIID installer every 30 to 60 days to have the data downloaded. The installer sends the data to the Secretary of State for analysis.
Several things can go wrong during a MDDP period with respect to the BAIID device or general traffic violations. If there is a MDDP violation, the Secretary of State will extend the suspension and MDDP for three months. A second violation will result in another three-month extension. A third violation will result in impoundment of the vehicle for 30 days and an extension of the suspension. A fourth violation will result in the vehicle being forfeited to the state.
Violations of the MDDP include:
- Tampering with the device
- Ten or more unsuccessful starts within a 30-day period
- Five or more unsuccessful starts within a 24-hour period
- A BAC of .05 or higher
- Failing a running retest (while the car is operating)
- Removing the device
- Failing to use it as required
- Failing to have the device read
The Secretary of State will notify the person of the purported violation, who must then respond in writing within 21 days. The person and their attorney may contest the suspension through a hearing with the Secretary of State.
There are also several violations that can cause the MDDP to be cancelled, instead of extended. They are:
- A conviction or court supervision for:
- Driving while suspended
- Fleeing and eluding
- Leaving the scene of an accident
- Reckless driving
- Street racing, or
- DUI
- Driving a vehicle without a BAIID device or asking/having another person blow into the device
If a person is convicted of any moving violation during the suspension period, the suspension is summarily doubled. If the suspension is over before the Secretary of State receives notice of the conviction, they are authorized to suspend the driver’s license for the same period as the original suspension. Needless to say, if you have been charged with a moving violation while under suspension, you should contact an attorney immediately.
The imposition of a Statutory Summary Suspension has severe and lasting effects on our clients. At Suhre & Associates, LLC we will take every step and explore every option to avoid a suspension. If it cannot be avoided then we will assist our clients in obtaining a MDDP and navigating the often complex and misunderstood process. A Chicago DUI arrest is serious business. Please call us today to begin the analysis of your suspension and the development of the plan to have it set aside or to obtain a Monitoring Device Driving Permit. There is no cost – our consultations are absolutely free – and there is no obligation to retain us to represent you.
