The Law Office of Brian J. Mirandola


47 DuPage Court, Elgin, IL 60120

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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.




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baiid, driving relief, Illinois DUI Defense AttorneyFollowing an arrest or a conviction on charges of driving under the influence (DUI), you will likely face at least some period of suspension or revocation of your driving privileges. Being unable to drive can have a profound impact on your ability to continue working, furthering your education, or providing for your children. The state of Illinois, while continuing to take harsh stance against drunk driving, recognizes that, in some situations, getting you back on the road is necessary and offers several relief programs depending on your particular case. Each of them, however, requires the use of a breath alcohol ignition interlock device (BAIID), designed to prevent the occurrence of a subsequent DUI charge.

What is a BAIID?

A breath alcohol ignition interlock device, or BAIID, is essentially a personal breathalyzer. When required, the BAIID is installed in your vehicle, allowing it to control the car’s electrical systems and the ignition switch in particular. Once installed, the device will prevent your car from being started until you provide a breath sample to be analyzed for alcohol content. If your calculated blood alcohol content (BAC) is above a certain level—usually .025 percent—the vehicle cannot be started. The BAIID is also equipped with a camera to ensure the person giving the sample is also the driver. During operation of the car, the device may also require period re-checks, requiring you to pull over and provide an additional breath sample. All data collected by the device is submitted to the Office of the Secretary of State for review, and violations are subject in increased suspensions and possible expulsion from the program.

Who Must Use a BAIID?

The use of BAIID devices is most common for first-time DUI offenders during the statutory summary suspension for failing or refusing a BAC test. Such offenders are generally eligible for driving relief with a MDDP, or Monitoring Device Driving Permit, which requires a BAIID to be installed. In addition, any repeat DUI offender seeking to obtain a Restricted Driving Permit (RDP) will also be required to install and use a BAIID for as long as the RDP is granted. A repeat offender must also continue to use the BAIID for a full year following the reinstatement of his or her driver’s license. There are a few other situations in which a BAIID may be mandatory, but they are much less common.

If you have been charged with DUI in Illinois, you need an advocate that will fight to protect your future. Contact an experienced Kane County criminal defense attorney at the The Law Office of Brian J. Mirandola. We will review your case, your driving history, and your needs to help you find the relief solution that works for you, while building an aggressive, responsible defense to any and all charges. Call 847-488-0889 for your free consultation today.


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