It’s been a year since the state enacted the Breath Alcohol Ignition Interlock Device (BAIID) program. At the time it was believed the program would reduce recidivism on DUI offenders. One year later, the program still has its critics.

The BAIID program requires first time offenders that want to drive to install an ignition interlock device in their car. This device requires a breath test before allowing someone to start their vehicle. The law’s intention was to reduce drunk driving by DUI offenders.

As with any technology, the Ignition Interlock Devices aren’t 100% reliable. As this article from The State Journal Register explains, mouthwash can prevent a person from getting to work in the morning as the alcohol within it may read a false positive. In addition, there are reported incidences of the systems malfunctioning and freezing up.

The BAIID isn’t without costs. Offenders who opt for the program must pay all maintenance and installation fees, adding a greater bite to the fines they are already facing.

Because the Ignition Interlock Devices are optional, many people are choosing to not have them installed. An unfortunate reality is that many of these people are likely driving anyways. So the question remains, what good are they?

With 6,100 people having the devices installed in the past year, there is little doubt that they may be playing a small role in keeping DUI offenders from drinking. However, it would be unjustifiably optimistic to think that people aren’t finding a way around the system.

The BAIID law is just one way a DUI conviction can affect your life on a daily basis. Pair this inconvenience with jail time, fines, and a permanent criminal record and you are likely under a serious amount of stress when facing DUI charges.

Having a DUI defense attorney looking closely at your case and assisting you with your outcome can make a big difference. Contact me today to discuss how I might be able to help you get the best results possible when you go to court.

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Starting on January 1, 2009, any driver convicted of a DUI / drunk driving charge, even a first offense, will be required to have a (BAIID) breath alcohol igntion interlock device in any vehicle he or she drivers.

Stats from recent IL news articles and also here that discuss this law include interesting facts, such as:

• The devices are calibrated to not start at a .025% BAC, which is the level of about 1 drink for an average sized person. (The legal limit for BAC in Illinois is .08%, so it is well below “intoxication” levels).
• Costs for the device will be about $1000. Presumably, that is over a year, including installation and monthly maintenance fees (including regular downloads of logged data on every use).
• It is estimated that 50,000 Illinois drivers will get one of these devices in 2009, if drunk driving conviction numbers are consistent. That is a huge number.(
• Driving vehicle without an interlock if your license requires it will result in a separate criminal charge (a Class 4 Felony) and a mandatory minimum 30 days in jail.

More info: Here is an official press release on the new Illinois BAIID laws.

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The new Illinois DUI law which goes into effect on Jan, 1 2009 will require an ignition interlock device to be installed on any vehicle used by a person convicted of a DUI in Illinois, even on a first offense. As one of the toughest DUI laws in the nation, this ignition interlock device requirement will replace the existing Judicial driving permit program.

The current judicial driving permit (JDP) allows those guilty of first offense DUI law violations to drive on a limited basis to work and other locations approved by a judge and the Illinois Dept of Transportation  (IDOT). The new program requires ignition interlock devices that prevent your vehicle from starting if you have consumed alcohol. It tests your breath for alcohol consumption with an attached mobile breathalyser, known as a ignition interlock device (IID). The former judicial driving permit will now be a monitoring device drivers permit.  If you have a monitoring device drivers permit, operating any vehicle without such a device will be a new criminal charge.

Ignition interlock devices are typically set to prevent your ignition from operating if it registers a .02% BAC. The legal limit for alcohol consumption is .08%. The devices will require occasional “rolling retests” to make  sure you don’t have a drink after successfully starting your car.

The new ignition interlock device requirement will be paid for by the offender. Costs estimates are about $200 for installation, and $100/month for maintenance, monitoring, and data reporting.

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If you are facing a DUI charge in Illinois, please contact out defense attorneys for a free legal consultation and case evaluation. These new laws may change how you choose to respond to a charge of DUI in Illinois. The prospect of a required Ignition interlock device and restricted monitored driver’s permit could be a problem for many people who need to drive different vehicles to make a living. This may mean that you should consider fighting your DUI charges in some cases. Please contact us for help evaluating your defense options for an Illinois DUI charge.

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