The Law Office of Brian J. Mirandola

CALL FOR A FREE CONSULTATION

47 DuPage Court, Elgin, IL 60120

847-488-0889
Subscribe to this list via RSS Blog posts tagged in BAIID

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 DUI

Kane County criminal defense attorney

If you have had your driving privileges suspended or revoked as the result of a conviction on charges of driving under the influence (DUI), your life can be greatly affected. You may struggle with keeping your job, continuing your education, and even caring for family members in need. Depending upon the circumstances of your case, however, you may be eligible for partial relief in the form of a Monitoring Device Driving Permit or a Restricted Driving Permit, either of which may allow you to resume some of your normal activities.

Monitoring Device Driving Permits

The state of Illinois offers two different forms of driving relief for those whose driving privileges have been suspended or revoked related to a DUI. The first is called a Monitoring Device Driving Permit, or MDDP, which is available for almost all first-time offenders during the period of statutory summary suspension for failing or refusing a chemical test for blood alcohol content. The MDDP allows a driver to operate a vehicle at any time, in any place, as long the vehicle is properly equipped with a Breath Alcohol Ignition Interlock Device (BAIID).

Restricted Driving Permits

During the period of revocation for a DUI conviction, a driver may be eligible to apply for a restricted driving permit, or RDP. An RDP is much more limited form of driving relief that only allows an approved driver to drive at specific times and in specific areas to get to work, school, alcohol education programs, or other approved activities. To be considered for an RDP, the driver must demonstrate that the revocation is causing a specific hardship and that other means of transportation are unavailable or inappropriate. He or she must also submit a current drug and alcohol evaluation, and relevant proof of treatment or remedial programs. The applicant must also appear for a hearing before an officer of the Secretary of State’s Department of Administrative Hearings. In many cases, especially for second or third DUI conviction, the driver will be required to continue using the BAIID as a condition of receiving the RDP.

Based on a driver’s individual needs and limitations, the RDP can be customized to only allow certain driving privileges. For example, a driver may be permitted to drive directly from home to work in the morning, and then from work to home in the evening. Any driving done outside of what is permitted by the RDP may result in additional penalties, including an increased period of revocation and the loss of the RDP.

If you have been charged with DUI, it is important to understand your options under the law. Contact an experienced Kane County criminal defense attorney today. At The Law Office of Brian J. Mirandola, we offer a free initial consultation so you can meet our team, ask questions, and get the guidance you need during a difficult time. Let us show you how we can help.

 

Sources:

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

ftp://www.ilga.gov/JCAR/AdminCode/092/092010010D04440R.html

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K6-206.1

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

Posted on in DUI

baiid, Elgin criminal defense attorneyIf you know someone that was ever arrested on charges of drunk driving, he or she may have explained to you a little bit about the difficulties such an arrest can impose on one’s life. Of course, there are criminal penalties associated with a conviction on DUI charges, but those are far from the only challenges. In many cases, a driver charged with DUI is required to install a breath-alcohol ignition interlock device (BAIID) on his or her vehicle as a condition of the reinstatement of his or her driving privileges.

What Is a BAIID?

Simply put, a BAIID is breathalyzer machine that is installed in a car or truck that prevents the vehicle from starting if the driver’s breath contains too much alcohol. The device is able to convert the concentration of alcohol in a breath sample to an equivalent blood-alcohol content (BAC), which provides a measure of intoxication. If the driver’s BAC level is 0.025 percent or higher, the vehicle will not start. BAIIDs in Illinois are also equipped with a camera that snaps a photo of the person providing the sample to ensure that the sample collected belongs to the person operating the vehicle.

Who Must Use a BAIID?

The installation and use of a BAIID are required for any first-time DUI offender who wishes to drive during the statutory summary suspension that accompanies a failed or refused BAC chemical test. A person who wishes to drive after a second, third, or fourth DUI convictions may apply for a restricted driving permit. If the restricted driving permit is granted—in accordance with regulations set forth for the respective situation—the driver must have a BAIID installed in all vehicles registered in his or her name. Depending on the case, the BAIID could be required for the rest of the driver’s life.

Associated Costs

While the law permits the use of BAIIDs to facilitate safe driving following a DUI charge or conviction, the state of Illinois is not responsible for the costs involved. Instead, the driver is required to cover any and expenses associated with the installation, rental, and monitoring of the device. Most devices cost about $85 to install and are rented at $85 per month, payable to the vendor of the device. The driver must also pay $30 per month in monitoring fees to the Secretary of State’s Office.

Get Back on the Road

Using a BAIID is just one of the steps you will need to take as you look to have your full driving privileges reinstated following a suspension or revocation of your license. Contact an experienced driver’s license reinstatement lawyer in Elgin to learn more about the process. Call 847-488-0889 for a free consultation at The The Law Office of Brian J. Mirandola today.

Sources:

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

https://www.cyberdriveillinois.com/publications/pdf_publications/baiid3.pdf

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