The Monitoring Device Driving Permit (MDDP) that is available for first offenders is subject to certain terms and conditions. These rules apply to all permitees, regardless of the individual circumstances of their case.
For example, a person whose driver’s license is suspended for a positive urine test for cannabis or a controlled substance must used the Breath Alcohol Ignition Interlock Device (BAIID). The BAIID checks for breath alcohol only, not the presence of cannabis or a controlled substance. Nonetheless, a person who was arrested for DUI based on these drugs, not alcohol, must still use the BAIID.
If the driver is convicted of any moving violation during the period of summary suspension, the Secretary of State will extend the suspension for the same period as the original suspension. In this respect, the suspension is doubled. See 625 ILCS 5/6-303(b).
In addition, the following are considered violations of the permit:
- Tampering
- 10 or more unsuccessful starts within 30 days
- 5 or more unsuccessful starts within 24 hours
- Breath alcohol concentration of 0.05 or higher
- Failed running retest
- Refusal to take a running retest
- Removal of the BAIID
- Under-usage of the BAIID
- Failure to submit a monitoring report
The Secretary of State will notify the driver of the alleged violation(s) and require a written response in 21 days. If the driver’s written explanation is not satisfactory, the Secretary of State is authorized to extend the suspension for an additional 3 months.
While a first and second violation will cause an extension of the suspension of 3 months, a third violation will result in the police impounding the vehicle for 30 days. A fourth MDDP violation will result in forfeiture of the vehicle.
The driver should keep a journal of all unsuccessful starts, failed running retests, any problems with the device, and the name of the person who was operating the vehicle at the time.
