I have had many clients ask me repeatedly how long they have to have a breath alcohol ignition interlock device on their vehicle should they be granted a restricted driving permit from the Illinois Secretary of State. Just because you have been arrested for two or more DUIs does not mean that you have to have the BAIID device in your vehicle for five years. Here is what the law says in the Illinois Vehicle Code Section 625 ILCS 5/6-205 (h)…
(h) The Secretary of State shall require the use of ignition interlock devices for a period not less than 5 years on all vehicles owned by a person who has been convicted of a second or subsequent offense under Section 11-501 of this Code or a similar provision of a local ordinance. The person must pay to the Secretary of State DUI Administration Fund an amount not to exceed $30 for each month that he or she uses the device. The Secretary shall establish by rule and regulation the procedures for certification and use of the interlock system, the amount of the fee, and the procedures, terms, and conditions relating to these fees. During the time period in which a person is required to install an ignition interlock device under this subsection (h), that person shall only operate vehicles in which ignition interlock devices have been installed, except as allowed by subdivision (c)(5) or (d)(5) of this Section.
That is a lot of legal mumbo jumbo – but the bottom line is that in order to be BAIID mandatory for the 5 year period and to be considered a BAIID multiple offender, you must have been convicted of two DUIs. This means that if you received court supervision and were not violated on that supervision, you will only have to serve one year on the BAIID device.
There are other options to avoid the five year BAIID such as moving out of state.
If you are looking to reinstate your Illinois driver's license and need a successful outcome with your case, you should contact the experienced license reinstatement team at John W Callahan, Ltd. to help you with your case ay anytime.
Posted by license reinstatement lawyer John W Callahan
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