Effective January 1, 2016, the Illinois Secretary of State began to enforce 625 ILCS 5/205(h), which requires that revoked drivers with 2 or more DUI convictions who were granted a restricted driving permit (RDP) following an administrative hearing, must drive on a breath alcohol ignition interlock device (BAIID) for a period of five-years before applying for full reinstatement.
It is important to note that Petitioners are not subject to the five-year BAIID permit if they in fact have less than two DUI convictions. For example, if a Petitioner received court supervision on their first DUI and their sole conviction resulted from a second DUI arrest, then they are not subject to the five-year BAIID permit.
For Petitioners who are revoked after having received two DUI convictions, the five-year BAIID permit requires installation of a BAIID device on all vehicles owned by them and mandates that they continuously drive with the BAIID in their vehicle for at least five years prior to requesting reinstatement, 625 ILCS 5/205(h). Even if a Petitioner is technically eligible for full reinstatement, they must drive for a five-year period with the BAIID installed prior to requesting their full driving privileges back. One exception is if the Petitioner lives outside the State of Illinois – in that case the Petioner is not eligible for a permit and can apply for full reinstatement.
Additionally, the Illinois Secretary of State has chosen to apply this law retroactively. As a result, applicants whose DUIs occurred before January 1, 2016, are subject to the new law, if they failed to apply for reinstatement before the change in the law went into effect.
Finally, although five-year BAIID permit Petitioners must maintain an interlock device in any vehicle owned by them, they may be eligible to request an exemption to drive employer-owned vehicles without the BAIID device installed. 625 ILCS 5/6-205(d)(5).
Any Petitioner seeking guidance on whether the five-year BAIID permit applies to their case should contact attorney John Callahan. He has decades of experience in the license reinstatement field and has helped hundreds of clients reinstate their driver's license in Illinois.