A Monitoring Device Driving Permit (MDDP) is available to first offenders during the summary suspension. Generally, the qualifications for an MDDP are that the person has had no DUIs or summary suspensions in the last 5 years, did not cause great bodily harm in the commission of the present offense, has never been convicted of reckless homicide, otherwise has a valid license, and is 18 years of age.
The MDDP requires installation of a Breath Alcohol Ignition Interlock Device (BAIID) in the person’s vehicle. The BAIID checks the driver’s breath alcohol concentration before allowing the vehicle to start. If the BAC is 0.05 or higher, the engine will not start.
The BAIID has to be installed in every vehicle driven by the person. In fact, it is a Class 4 felony offense (1-3 years prison, fines up to $25,000) to drive a vehicle without a BAIID.
A problem arises where the person drives a company car. Most people do not want their employer to know that they were arrested for DUI. And the employer cannot be expected to agree to installing a BAIID in the employer’s vehicle.
If the person’s employment requires operating a motor vehicle, then there is an employer exemption for the MDDP.
To secure the employer exemption, the employer must submit a form to the Secretary of State and, if it is approved, the person must drive the company car with the employer exemption in his possession. See 625 ILCS 5/6-206.1(a-2).
However, there are certain rules:
- The company car cannot be owned in whole or in part by the driver or any member of the driver’s family.
- The employer’s vehicle cannot be available for personal use.
- The employer’s vehicle cannot be driven more than 12 hours on any day, and cannot be driven more than 6 days a week.
