Illinois DUI Laws: Driving During Statutory Summary Suspension

Under the new Illinois DUI laws (which took effect January 1, 2009) a driver who has a BAC of .08 or more, or who refuses to take (or fails to complete) chemical testing will face an automatic suspension of driving privileges. If you have failed chemical testing, and this is your first offense, your driving privileges will automatically be suspended for six months. If you have refused chemical testing, and this is your first offense, your driving privileges will automatically be suspended for 12 months.

However, if this is your first offense, your Chicago DUI Lawyer can help you drive after only 31 days of suspension. The Chicago DUI Lawyer will petition the court to help you obtain a “Monitoring Device Driving Permit” (MDDP). This permit, effective the 31st day of the suspension, requires you to install a BAIID in any vehicle you intend to drive during your suspension. BAIID stands for “Breath Alcohol Ignition Interlock Device.” Once installed, the BAIID requires you take a breath test inside of your vehicle. If you do not pass the test, the BAIID prevents the vehicle from starting. You are also required to take additional breath tests throughout the drive. Illinois DUI laws state that after you have received a MDDP, and installed a BAIID, you are able to drive anywhere at any time, as long as every vehicle you drive is equipped with a BAIID. If you are found to be in violation of the MDDP, your suspension may be lengthened, and you should contact your Chicago DUI Lawyer immediately.

You must pay for the BAIID to be installed, in addition to a monthly rental fee and a monthly monitoring fee. If you cannot afford these fees, your Chicago DUI Lawyer may be able to help you obtain access to funds to cover the BAIID costs.

You are not required to petition the court for an MDDP. If you do not obtain an MDDP, you must refrain from driving during the entire suspension period. If you choose not petition for an MDDP, and you are caught driving during your suspension, you are guilty of a Class 4 felony under Illinois DUI Laws.