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 December 2022, 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 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.
- Information on Ways How to Avoid Ignition Interlock Device (BAIID) in the Land of Lincoln State of IL
- What Are the Ignition Interlock Penalties for Driving Under the Influence in Illinois?
- Does Illinois Enforce an Implied Consent Law for DUI Tests?
- What is an Ignition Interlock Device and How Does it Work in Illinois?
- When is Using an Ignition Interlock Device Required in the State of Illinois?
- Who is Responsible for Paying for the Costs of an Ignition Interlock Device in IL?
- What is the Process of Having to Get an Ignition Interlock Device Installed in Illinois?
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.
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.
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 2022 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. Those 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 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:
De Witt County
Jo Daviess County
La Salle County
Rock Island County
Saint Clair County
Country Club Hills
East St. Louis
Elk Grove Village
Fox River Grove
La Grange Park
Lake in the Hills
Round Lake Beach
Round Lake Park
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.