The Law Office of Brian J. Mirandola

CALL FOR A FREE CONSULTATION

47 DuPage Court, Elgin, IL 60120

847-488-0889

Kane County DUI defense lawyerBeing arrested for drunk driving can lead to multiple different types of consequences, especially if you are convicted for the criminal offense of driving under the influence (DUI). If you are convicted of DUI, your driver’s license will be revoked for at least one year, but even if you are not convicted, your license will be suspended if your blood alcohol content (BAC) was above the legal limit or if you refused to submit to blood alcohol testing. In order to regain your driving privileges, you may need to have a breath alcohol ignition interlock device (BAIID) installed in your vehicle.

First-Time DUI and Ignition Interlock Devices

Following a first-time DUI arrest or conviction, you may be eligible to receive a Monitoring Device Driving Permit (MDDP) while your license is suspended. This permit will not place any restrictions on where or when you can drive, but it will require you to install a BAIID in any vehicles you will be driving. Before driving, you will blow into this device, and the vehicle will not start unless the breath sample is negative for alcohol. The device will also take your picture to ensure that you are the one who is providing the breath sample.

When using a BAIID, you will need to pay an installation fee, as well as monthly rental fees and monitoring fees. If you choose not to use a BAIID or obtain an MDDP, you will be prohibited from driving during your period of license suspension or revocation. If you are found to be driving while your license is suspended or revoked, you can be charged with a Class 4 felony.

Restricted Driving Permits for Multiple DUI Convictions

If you are convicted of DUI for a second time, you will not be able to receive an MDDP. However, you may be eligible for a Restricted Driving Permit (RDP) if you can show that the inability to drive would create hardship for you and your family. You will also need to receive a drug/alcohol evaluation, and you may need to show that you are participating in a remedial driving safety program and receiving treatment for substance abuse. An RDP will usually be available following a second or third DUI conviction or two statutory summary suspensions related to DUI arrests.

An RDP will place restrictions on when and where you can drive. You may be limited to driving to and from work or for other necessary purposes, such as transporting children to school or going to the grocery store. You will need to use a BAIID on all vehicles you drive for five years before your driving privileges can be fully reinstated.

Contact Our Aurora DUI Defense Lawyer

If you have been arrested for DUI, The Law Office of Brian J. Mirandola can help you defend against these charges, and we will work with you to meet the requirements that will allow you to continue driving legally. To arrange a free consultation and learn how we can help with your case, contact our Elgin license reinstatement attorney at 847-488-0889.

 

Sources:

https://www.cyberdriveillinois.com/departments/BAIID/baiid.html

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

Last modified on

IL DUI lawyerEvery state has different rules when it comes to DUI convictions . There are punishments such as fines, jail time, and suspension of licenses after a conviction is made. In Illinois, first-time offenders - and subsequent offenses - are required to drive with a Breath Alcohol Ignition Interlock Device (BAIID).

The purpose of a BAIID is to stop offenders from drinking and driving. The device is installed into the automobile and drivers will have to breathe into the tube to start their car. This is similar to a breathalyzer used during a traffic stop. If someone has a blood alcohol content (BAC) of over 0.025, the car will not turn on. Anything lower than 0.025 will allow the car to start without a problem.

In the past, DUI offenders would have someone else breath into their BAIID in order to start their vehicle. So, along with the device, a camera will also be installed into the car to capture images of the driver performing their breath test.

Why Is a BAIID Mandatory?

The device is required mainly for the driver’s benefit because, after a conviction, the driver’s license will be suspended or revoked. In order to apply for a restricted license, the driver’s vehicle will need a BAIID to regulate safe driving.

The down-side to needing a BAIID installed is that the driver will be responsible for all of the monetary fees involved with acquiring the device:

  • Installation fee of $85.
  • Monthly rental fee of $80.
  • Monthly monitoring fee of $30; paid to the Secretary of State.

When Can a License be Reinstated?

Along with the BAIID, a driver looking to reinstate their license will be issued a Monitoring Device Driving Permit (MDDP) which allows the offender to drive their car while they pay their suspension term. As long as the offender obeys the driving laws during the time their license is suspended, it will be returned when the time has been served.

However, there are further punishments that can be enforced if a driver violates the terms of their MDDP. The most common offense is driving without their BAIID installed. If a violation occurs, the driver can expect a letter from the Illinois Secretary of State asking for an explanation. If the letter is ignored or the explanation is not good, the driver’s license will be suspended for an extended three months per violation:

  • Three extensions will result in the driver’s car being impounded for 30 days.
  • Four extensions will result in the seizure of the driver’s car.
  • MDDP can be revoked if only one violation occurs.

Contact an Elgin, IL DUI Defense Attorney

Fighting back against DUI charges can seem tough when you try to go through it on your own. If you or someone you know is facing DUI charges, hire a lawyer from the Law Offices of Brian J. Mirandola to help build a strong defensive strategy. To schedule a free consultation with a Kane County DUI defense lawyer, call 847-488-0889.

 

Source:

https://www.cyberdriveillinois.com/departments/BAIID/baiid.html

 

Last modified on

Posted on in BAIID

BAIID, Elgin Criminal Defense AttorneyMost people who decide to get behind the wheel after drinking usually realize that what they are doing is illegal and dangerous. Awareness regarding the danger and irresponsibility of drunk driving has steadily increased since the early 1990s when many states began to launch serious campaigns to deter drunk drivers. Around the same time, police departments across the country focused their efforts on cracking down on drunk driving offenses.

Unfortunately, however, the problem of driving under the influence has not, in any real way, been eradicated. The numbers, in fact, tend to fluctuate with no discernable pattern from one year to the next. In 2012, for example, there was a significant increase in the number of fatalities resulting from drunk driving, that after 2011 when the death toll fell below 10,000 for the first time.

Reaction to Rising Death Numbers

That year saw a 3.3 percent increase in fatalities, causing some activists to call for ignition interlock devices to be installed in the car of every convicted drunk driver across the country. In Illinois, a person convicted of drunk driving may apply for driving relief during the period of statutory license suspension and choose to have a Breath Alcohol Ignition Interlock Device (BAIID) installed in his/her vehicle. If a person convicted of drunk driving qualifies for the program and has the BAIID installed in his vehicle, there are no other stipulations regarding his driving rights. He or she may drive anywhere at any time and is allowed to travel, even interstate, providing that the BAIID is installed and functioning properly.

It is important to note that the state of Illinois does not force all convicted drunk drivers to install the BAIID. An offender may elect to simply not drive during the mandatory suspension period. However, if the person is then caught driving during the suspension he or she may be charged with a Class 4 felony, regardless of whether alcohol was again involved. The penalties for driving without an ignition interlock device during the period of license suspension include possible imprisonment of one to three years, a minimum of 30 days in jail or 300 hours of community service, and fines as high as $25,000.

Facing DUI Charges?

If you or a member of your family has been accused of drunk driving, seek legal help immediately. Contact an experienced DUI defense attorney in Kane County to discuss your case and your available options. Call 847-488-0889 to schedule your free consultation at The The Law Office of Brian J. Mirandola today.

Sources:

http://www.madd.org/blog/2013/november/2012-fatality-data.html

https://www.cyberdriveillinois.com/departments/BAIID/baiid.html

Last modified on

BAIID, Elgin DUI defense attorneyA charge of driving under the influence (DUI) is always serious. The impact to your life can be tremendous, even if you are able to avoid a conviction, as you may still need to contend with financial penalties, diversionary programs, and the suspension of driving privileges. A conviction, of course, will result in additional consequences, including possible jail time. For a second or third DUI conviction, the penalties are even more severe. Getting back on the road following a second or third DUI can be particularly challenging, but a recent law change clarifies some of the requirements for getting your driving privileges restored.

Five Years of Restriction

According to the law in Illinois, a person who has been convicted of a second DUI charge within 20 years will have his or her driving privileges revoked for a minimum of five years. A third conviction results in a revocation of driving privileges for at least ten years. To have driving privileges restored, an offender must apply for reinstatement with the Secretary of State’s office. In the past, the criteria for license restoration was relatively subjective, and each case was handled on individual basis.

Beginning this year, however, the new law requires a person convicted of a second or third DUI to obtain a restricted driving permit and install a breath-alcohol ignition interlock device, or BAIID, on his or her vehicle for at least five years before reinstatement will be considered. While other individual factors will be taken into account, full restoration requires driving for at least five years with the BAIID.

Preventing Future Drunk Driving

When a BAIID is installed on your vehicle, you will be required to blow into the device before your vehicle will start. If the BAIID detects alcohol on your breath in excess of a predetermined standard, you will not be able to operate your car. In Illinois, a BAIID must also be equipped with a camera to ensure that the person providing the sample is actually the offending driver. Violating the terms of the BAIID program will result in extended suspensions or revocations, or disqualification from the program. If you are disqualified from the BAIID program, restoring your full driving privileges could become impossible.

DUI Defense Representation

If you have a previous DUI conviction on your record and are facing new drunk driving charges, you need a lawyer who will fight to protect your rights. Contact an experienced criminal defense attorney in Elgin to learn more about your legal options. Call 847-488-0889 for a free, initial consultation at The The Law Office of Brian J. Mirandola today.

Source:

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

Last modified on
Avvo Illinois State Bar Association Kane COunty Bar Association
Back to Top