On January 1, 2009, a new law went into effect in Illinois. Anyone convicted on a Chicago DUI Charge, even as a First Offense, is required to have a BAIID (Breath Alcohol Ignition Interlock Device) installed on their vehicle when they become eligible for a reinstatement of Driver's License privileges after a statutory summary suspension (SSS).
Illinois Breath Alcohol Ignition Interlock Device Attorneys will explain that a BAIID device is approximately the size of your cell phone. It gets wired directly into your car's ignition system. The BAIID utilizes the same technology that law enforcement officers use to detect alcohol in your bloodstream or in your breathalyzer test.
When you have a BAIID device installed in your vehicle's ignition system, in order to start the car, you must pass a breath alcohol (breathalyzer-type) test before the ignition will agree to start up your car. Chicago criminal defense lawyers realize that if you show a blood alcohol concentration (BAC) of 0.05% or more, your vehicle won't start. For comparison purposes, a 180-pound man who's had one beer will show BAC of 0.02%. So after just two beers, your vehicle might not start.
And while you're driving, Illinois Breath Alcohol Ignition Interlock Device Attorneys realize that additional tests will be required at random intervals. Authorities can configure your BAIID device to perform various disconcerting functions when you fail a test like blinking the lights or honking the horn. But they're not allowed to configure it to shit off your engine for safety reasons. So if you've seen cars driving by while blinking the lights or honking the horn repeatedly for no apparent reason, now you know why.
Your BAIID device will also record each of your attempts to engage the ignition of your vehicle along with your BAC level at the time. The records from your BAIID device will be monitored at the Illinois Secretary of State's office. If your records show repeated attempts to start your vehicle while under the influence of alcohol, you will be subject to additional penalties.
If you're subject to a BAIID device test and you choose to drive someone else's vehicle not equipped the device or you have someone else take the BAIID tests for you and you're caught, you face stiff penalties. An experienced Chicago criminal defense lawyer will caution that you face a Class 4 Felony charge. The penalties for a Class 4 Felony are 1 to 3 years in prison, with a mandatory minimum of 30 days in jail.
Illinois Breath Alcohol Ignition Interlock Device Attorneys will warn that if you're caught driving in violation of your BAIID requirement, you'll have your Driver's License suspension time increased by three months. And you will NOT be eligible to have your full, unrestricted driving privileges restored at the end of your Driver's License suspension period.
If you're required after a Chicago DUI conviction to have a BAIID device installed in order to drive, you'll be given a special license designating your BAIID driving limitation. Under this limitation, you may not drive ANY vehicle without a BAIID device installed. Your driving limitations will be a problem if you need to use a rental car, you have a commercial driver’s license, or you need to drive different vehicles for your job.
If you're convicted for a Chicago DUI charge, your Chicago criminal defense lawyer can help you apply to have a MDDP (Monitoring Device Driving Permit) that allows you to drive for any reason as long as you're driving a vehicle equipped with a BAIID device. This allows you to avoid the extreme hardships posed by a mandatory Driver's License suspension (SSS).
In 2009, 33,083 people were arrested in Illinois for their first Chicago DUI offenses. Of these, 7,874 received rescissions and around 6,500 MDDPs were issued to convicted first offenders. Statistics show that few first offenders apply for the MDDP. Anecdotal evidence suggests that many choose instead to drive during their SSS without a license. The penalty for getting caught is a Class 4 Felony as this Chicago criminal defense lawyer mentioned previously.
Research studies indicate that DUI recidivism (repeat DUI offenses) decrease by between 45% and 90% when BAIID devices are installed on offender's vehicles. Illinois is one of only 6 states that require the use of a BAIID device by first offenders. Illinois is also the largest state to require the device. In an average year, Illinois arrests 50,000 people for DUI and around 80% of them (or approximately 40,000) are first offenders that will now be required to install a BAIID device on their vehicle. And those caught trying to get around the BAIID device testing by driving in violation of the BAIID requirement are subject to strict felony penalties.
When you're facing a Chicago DUI Charge, you need to hire a skilled Illinois Breath Alcohol Ignition Interlock Device Attorney to represent you in court in your Chicago DUI trial. If you're arrested on your first Chicago DUI offense and you're subject to the BAIID law requirement, you need to exercise your legal right to an Illinois Breath Alcohol Ignition Interlock Device Attorney. An experienced Chicago Criminal Defense Lawyer like Michael Schmiege who is familiar with the BAIID law, its requirements, and the MDDP, help you avoid Driver's License suspension and the harsh effects it could have on your life and career. Let Michael Schmiege help you to establish a solid legal defense on your charge.
Contact dedicated Illinois Breath Alcohol Ignition Interlock Device Attorney Michael P. Schmiege today for your FREE, no obligation case evaluation/legal consultation. Learn about BAIID requirements, MDDP options, and the possible repercussions on your future of your first Chicago DUI Charge.
Illinois Breath Alcohol Ignition Interlock Device Attorney Michael Schmiege could explain your rights and the legal options you have to fight your Chicago DUI Charge. Get your FREE legal defense consultation today. Let knowledgeable Chicago Criminal Defense Lawyer Michael P. Schmiege explain your charge and the penalties you're facing in plain language. Your free, no obligation legal consultation could inform you how he can help you avoid the harsher consequences to your future from the charges. (312) 906-7800
NOT GUILTY – Possession of a Controlled Substance w/ Intent to Deliver
Driving Under the Influence of Alcohol – NOT GUILTY
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