How to Get Out of BAIID Installation Requirement in Illinois After a DUI Happens

Information on Ways How to Avoid Ignition Interlock Device (BAIID) in the Land of Lincoln State of IL

When it comes to drinking and driving and DUI, the IL Ignition Interlock laws and penalties are the same throughout the state of Illinois. This includes cities like Champaign, Chicago, Aurora, Schaumburg, Joliet, Rockford, Springfield, and others. A driver who is found to be operating a vehicle with a Blood Alcohol Content (BAC) of 0.08 percent or more will be arrested and charged with Driving Under the Influence (DUI).

In April 2023, a person who gets convicted or enters a guilty plea for DUI charges will have to get an Ignition Interlock or BAIID installed on any car they drive. Additionally, minors (under 21) driving with a BAC of higher than zero and commercial drivers with a BAC of 0.04 percent will also be charged – Illinois enforces a “zero tolerance” policy for minors.

Legal defenses are often found in time for ways how to get out of BAIID installation and avoid the ignition interlock requirement in IL, after an online arrest review can take place to establish which DUI defense tactic will work best according to the arrest circumstances.

A recent DUI defendant could also potentially avoid the BAIID by qualifying for an Interlock exemption as early as possible in a pending driving under the influence case.

A blood alcohol content (BAC) of 0.08 percent is the standard in Illinois and across the country for the threshold of being charged with a driving under the influence related crime. This is due to government studies that proved most individuals are too impaired to drive with a BAC of 0.05 percent, and all individuals are too impaired to drive with a BAC of 0.08 percent.

In the state of Illinois, the penalties for being convicted of DUI include spending time in jail, paying monetary fines, serving a license suspension, and being required to use an Breath Alcohol Ignition Interlock Device (BAIID) on any vehicle a DUI offender drives. This also included any work vehicle or company car, which can cause serious problems with employment. However, there could be possible ways how to avoid an Ignition Interlock penalty in IL when a driver can get the proper help for fighting DUI charges with us in enough time.

Best Ways to Get Out of a BAIID Installation Requirement

There are a variety successful ways to get out of a BAIID installation requirement. Some of these strategies are legal, while others are not. Below is an overview of some of the best ways to get out of a BAIID installation requirement.

Legal Strategies

The most common legal strategy for getting out of a BAIID installation requirement is to file a Motion to Modify the court order. This motion must be filed with the court that issued the original order and must explain why the BAIID installation requirement should be modified or removed. For example, if the person has demonstrated a period of sobriety, or if the person has successfully completed a court-ordered alcohol treatment program, these factors may be used to support the motion. If the motion is granted, the court will modify the order and the BAIID installation requirement may be removed.

Another legal strategy is to file a petition for a pardon or clemency. This is a petition to the governor of Illinois asking for a pardon or clemency in the case. The petitioner must demonstrate that they have been rehabilitated and are no longer a threat to public safety. If the petition is granted, the court order may be modified or the BAIID installation requirement may be removed.

Non-Legal Strategies

In addition to the legal strategies outlined above, there are also a number of non-legal strategies for getting out of a BAIID installation requirement. One of the most common non-legal strategies is to obtain a certificate of compliance. This is a document that is issued by the court that states that the person has successfully completed all of the requirements of the BAIID program. The certificate must be obtained from the court that issued the original order and must be presented to the BAIID service provider. If the service provider accepts the certificate, the BAIID installation requirement may be removed.

Another non-legal strategy is to request a waiver from the Illinois Secretary of State. This is a request to the Secretary of State to waive the BAIID installation requirement. The request must demonstrate that the person has been rehabilitated and is no longer a threat to public safety. If the waiver is granted, the BAIID installation requirement may be removed.

Risks and Benefits

It is important to consider the potential risks and benefits of each strategy. Legal strategies, such as filing a Motion to Modify the court order or filing a petition for a pardon or clemency, can be time consuming and expensive. There is also no guarantee that the motion or petition will be granted. Non-legal strategies, such as obtaining a certificate of compliance or requesting a waiver from the Secretary of State, may be less time consuming and less expensive, but there is also no guarantee that the certificate or waiver will be accepted.

Best Way to Avoid BAIID Installation Requirement

In most cases today, the best ways to get out of a BAIID installation requirement in the state of Illinois are to file a Motion to Modify the court order, file a petition for a pardon or clemency, obtain a certificate of compliance, or request a waiver from the Secretary of State. Each strategy carries certain risks and benefits, and it is important to consider these risks and benefits before deciding which strategy is best for the individual’s situation.

What Are the Ignition Interlock Penalties for Driving Under the Influence in Illinois?

As mentioned previously, there are a number of penalties used for those found guilty of DUI in Illinois, that will require having to get an Ignition Interlock device. In addition to having varied penalties for DUI, the penalties also become harsher with the number of previous offenses individuals have. All 2023 first time DUI offenders in the state of Illinois face the following penalties as punishment for their conviction:

• Spending Up to One Year in Jail
• Paying Monetary Fines Up to $2,500
• Serving a Minimum License Suspension of One Year
• Being Required to Use a Breath Alcohol Ignition Interlock Device

Second time DUI offenders in the state of Illinois, or those who have had another drinking and driving related charge at any time, face the following penalties as punishment:

• Spending Up to One Year in Jail
• Paying Monetary Fines Up to $2,500
• Serving a Minimum License Suspension of Five Years
• Being Required to Get an Ignition Interlock Installed

Third time DUI offenders in the state of Illinois, or those with two previous drinking and driving related charges at any time, face the following penalties:

• Spending Between Three and Seven Years in Jail
• Paying Monetary Fines Up to $2,500
• Serving a Minimum License Suspension of 10 Years
• Being Required to Get an Pay for all the Costs of the Long-term use of the DUI Interlock

This variety and changing severity of the punishments given for DUI convictions is meant to discourage DUI offenders from committing the crime again as well as discourage others from getting behind the wheel after drinking alcohol. This is why the DUI requirement of having to get an Ignition Interlock is now so common in Illinois and most states throughout the country.

Does Illinois Enforce an Implied Consent Law for DUI Tests?

Illinois, like many other states in the U.S., enforces an “implied consent law” for DUI. Under this law, drivers who are issued a driver’s license in Illinois automatically consent to chemical testing when their BAC needs to be determined. Should individuals refuse to have this testing conducted, which can include a blood, urine, or breathalyzer test, they are subject to a monetary fine and an automatic license suspension separate from their DUI conviction penalty.

Those who refuse to have chemical testing performed for their first DUI charge pay a fine and also have their license automatically suspended for a period of one year. Those on their second DUI offense who refuse to have testing done pay a fine and have their license suspended for a period of three years.

Illinois drivers on their third DUI offense who refuse chemical testing pay a fine and will have a suspended license for at least three years. Whether a DUI arrest is for a first offense or not, if a person is convicted of the charges in court, an Ignition Interlock is going to be part of the required IL penalties.

What is an Ignition Interlock Device and How Does it Work in Illinois?

With how the BAIID works with DUI convictions in Illinois, the court orders offenders to install and maintain an IID as a condition of having their driver’s license reinstated. A BAIID, also referred to as a Breath Alcohol Ignition Interlock Device, brings together the vehicle’s ignition system and breathalyzer technology. This device is usually mounted on the vehicle’s dashboard and must be used by offenders in order for them to drive.

When offenders wish to drive, they must blow into the interlock device, much like they would into a Breathalyzer. Should the offender’s BAC register at a higher percentage than the predetermined threshold – generally set at 0.04 percent – the vehicle’s ignition locks, and the offender is unable to operate the vehicle. Should the offender’s BAC register lower than the predetermined threshold, the vehicle starts and operates normally.

When is Using an Ignition Interlock Device Required in the State of Illinois?

Legislation in the state of Illinois outlines that the Ignition Interlock device is required to be used by all individuals convicted of DUI or another drinking and driving charge. Courts are required to issue an order for the installation and use of an BAIID as a reinstatement condition for the offender’s driver’s license in all DUI cases.

Should recent DUI offenders decide to decline the use of an Ignition Interlock device, they face the possibility of having increased penalties, such as higher fines or a longer driver’s license suspension time.

Who is Responsible for Paying for the Costs of an Ignition Interlock Device in IL?

When an Ignition Interlock order is given in a DUI case in IL, offenders are almost always responsible for paying the costs associated with using the BAIID. The costs associated with an Ignition Interlock include leasing the device, having the device installed, maintaining and repairing the device as needed, and having the device removed.

Generally, offenders in the state of Illinois should expect to pay about $100 for the interlock device to be installed and anywhere between $75 and $120 in monthly lease payments. Keep in mind these prices may vary, with some companies even offering free installation.

What is the Process of Having to Get an Ignition Interlock Device Installed in Illinois?

When an BAIID has been ordered for offenders after their drinking and driving case, they need to seek out a local, approved Ignition Interlock provider for the state of Illinois. There are a number of approved DUI interlock providers across the state, and a full list of these providers can be found on the Illinois DMV website.

Once the BAIID has been leased from one of these providers, it needs to be professionally installed. At this point, offenders likely need to provide proof to the court, the DMV, and/or their probation officer that the device has been properly installed – this proof usually includes the lease agreement and a receipt.

We Understand just how much getting an Ignition Interlock can affect a driver in many areas of their life. For this reason, it is also why some of the first questions people who have been arrested for a DUI offense in Illinois have is “will I have to get an Ignition Interlock device in my car, and is my license going to be suspended?”

Once an BAIID lawyer reviews a driver’s own arrest situation online with us, they will then be in a position with this information to discuss all possible DUI defense strategies. These DUI arrest-specific legal methods work to provide ways how to avoid BAIID & get out of Ignition Interlock device in:

Adams County
Alexander County
Bond County
Boone County
Brown County
Bureau County
Calhoun County
Carroll County
Cass County
Champaign County
Christian County
Clark County
Clay County
Clinton County
Coles County
Cook County
Crawford County
Cumberland County
De Witt County
DeKalb County
Douglas County
DuPage County
Edgar County
Edwards County
Effingham County
Fayette County
Ford County
Franklin County
Fulton County
Gallatin County
Greene County
Grundy County
Hamilton County
Hancock County
Hardin County
Henderson County
Henry County
Iroquois County
Jackson County
Jasper County
Jefferson County
Jersey County
Jo Daviess County
Johnson County
Kane County
Kankakee County
Kendall County
Knox County
La Salle County
Lake County
Lawrence County
Lee County
Livingston County
Logan County
Macon County
Macoupin County
Madison County
Marion County
Marshall County
Mason County
Massac County
McDonough County
McHenry County
McLean County
Menard County
Mercer County
Monroe County
Montgomery County
Morgan County
Moultrie County
Ogle County
Peoria County
Perry County
Piatt County
Pike County
Pope County
Pulaski County
Putnam County
Randolph County
Richland County
Rock Island County
Saint Clair County
Saline County
Sangamon County
Schuyler County
Scott County
Shelby County
Stark County
Stephenson County
Tazewell County
Union County
Vermilion County
Wabash County
Warren County
Washington County
Wayne County
White County
Whiteside County
Will County
Williamson County
Winnebago County
Woodford County

Addison
Algonquin
Alsip
Alton
Anna
Antioch
Arlington Heights
Auburn
Aurora
Barrington
Bartlett
Bartonville
Batavia
Beach Park
Beardstown
Belleville
Bellwood
Belvidere
Bensenville
Benton
Berkeley
Berwyn
Bethalto
Bloomingdale
Bloomington
Blue Island
Bolingbrook
Boulder Hill
Bourbonnais
Bradley
Braidwood
Bridgeview
Broadview
Brookfield
Buffalo Grove
Burbank
Burr Ridge
Cahokia
Calumet City
Calumet Park
Canton
Carbondale
Carlinville
Carmi
Carol Stream
Carpentersville
Carterville
Cary
Caseyville
Centralia
Centreville
Champaign
Channahon
Charleston
Chatham
Chester
Chicago
Chicago Heights
Chicago Ridge
Chillicothe
Cicero
Clarendon Hills
Clinton
Coal City
Collinsville
Colona
Columbia
Country Club Hills
Countryside
Crest Hill
Crestwood
Crete
Creve Coeur
Crystal Lake
Danville
Darien
Decatur
Deerfield
DeKalb
Des Plaines
Dixon
Dolton
Downers Grove
Du Quoin
Dwight
East Alton
East Moline
East Peoria
East St. Louis
Edwardsville
Effingham
Eldorado
Elgin
Elk Grove Village
Elmhurst
Elmwood Park
Eureka
Evanston
Evergreen Park
Fairfield
Fairview Heights
Fisher
Flora
Flossmoor
Forest Park
Fox Lake
Fox River Grove
Frankfort
Frankfort Square
Franklin Park
Freeport
Gages Lake

Galesburg
Geneseo
Geneva
Genoa
Glen Carbon
Glen Ellyn
Glencoe
Glendale Heights
Glenview
Glenwood
Godfrey
Goodings Grove
Grandwood Park
Granite City
Grayslake
Greenville
Gurnee
Hanover Park
Harrisburg
Harvard
Harvey
Harwood Heights
Hawthorn Woods
Hazel Crest
Herrin
Hickory Hills
Highland
Highland Park
Hillsboro
Hillside
Hinsdale
Hoffman Estates
Hometown
Homewood
Hoopeston
Huntley
Inverness
Island Lake
Itasca
Jacksonville
Jerseyville
Johnsburg
Joliet
Justice
Kankakee
Kewanee
La Grange
La Grange Park
La Salle
Lake Barrington
Lake Bluff
Lake Forest
Lake in the Hills
Lake Villa
Lake Zurich
Lansing
Lawrenceville
Lemont
Libertyville
Lincoln
Lincolnshire
Lincolnwood
Lindenhurst
Lisle
Litchfield
Lockport
Lombard
Long Grove
Loves Park
Lynwood
Lyons
Machesney Park
Macomb
Madison
Mahomet
Manteno
Marengo
Marion
Markham
Marseilles
Maryville
Mascoutah
Matteson
Mattoon
Maywood
McHenry
Melrose Park
Mendota
Metropolis
Midlothian
Milan
Mokena
Moline
Monmouth
Montgomery
Monticello
Morris
Morrison
Morton
Morton Grove
Mount Carmel
Mount Prospect
Mount Vernon
Mount Zion
Mundelein
Murphysboro
Naperville
New Lenox
Niles
Normal
Norridge
North Aurora
North Chicago
North Riverside
Northbrook
Northfield
Northlake
Oak Brook
Oak Forest
Oak Lawn
Oak Park
O’Fallon
Olney
Olympia Fields
Orland Hills
Orland Park
Oswego
Ottawa
Palatine
Palos Heights
Palos Hills
Palos Park
Pana
Paris
Park City
Park Forest
Park Ridge
Paxton
Pekin
Peoria
Peoria Heights
Peru
Pinckneyville
Plainfield
Plano
Pontiac
Pontoon Beach
Posen
Princeton
Prospect Heights
Quincy
Rantoul
Richton Park
River Forest
River Grove
Riverdale
Riverside
Robbins
Robinson
Rochelle
Rock Falls
Rock Island
Rockford
Rockton
Rolling Meadows
Romeoville
Roscoe
Roselle
Rosewood Heights
Round Lake
Round Lake Beach
Round Lake Park
Salem
Sandwich
Sauk Village
Savoy
Schaumburg
Schiller Park
Shelbyville
Shiloh
Shorewood
Silvis
Skokie
South Beloit
South Elgin
South Holland
Sparta
Spring Valley
Springfield
St. Charles
Staunton
Steger
Sterling
Stickney
Stone Park
Streamwood
Streator
Sullivan
Summit
Swansea
Sycamore
Taylorville
Tinley Park
Troy
Tuscola
University Park
Urbana
Vandalia
Vernon Hills
Villa Park
Warrenville
Washington
Washington Park
Waterloo
Watseka
Wauconda
Waukegan
West Chicago
West Dundee
West Frankfort
West Peoria
Westchester
Western Springs
Westmont
Wheaton
Wheeling
Willow Springs
Willowbrook
Wilmette
Wilmington
Winfield
Winnetka
Winthrop Harbor
Wood Dale
Wood River
Woodridge
Woodstock
Worth
Yorkville
Zion

A driver arrested for DUI will learn the best legal defenses that work for ways how to avoid and get out of BAIID ignition interlock device installation after a first DUI offense in IL.