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In 1994, the Illinois General Assembly, in an attempt to impact the stubbornly high rates of Driving Under the Influence, created a pilot program using a relatively new device which prevents drivers from operating a motor vehicle while under the influence of alcohol. This device, commonly referred to as a breath alcohol ignition interlock device, requires drivers to provide a breath sample before the vehicle can be started--and at random intervals-to provide additional breath samples while the vehicle is being driven.
The Office of the Secretary of State was charged with administering this program and was given the task of creating the administrative rules governing the program. In 1998 the General Assembly revisited the issue and made the program permanent.
The following is a synopsis of the current rules governing the BAIID Program:
The breath alcohol ignition interlock device is required as a condition of receiving a Restricted Driving Permit (RDP) for persons who have EITHER two or three convictions for Driving Under the Influence (no time limit between offenses) OR either: two Statutory Summary Suspensions (as a result of two DUI arrests), or one conviction for DUI with a Statutory Summary Suspension from a separate DUI arrest-with both of the latter combinations of offenses occurring within ten years. Persons who fall under these categories and apply for an RDP must seek a Formal Hearing with the Secretary of State's Administrative Hearings Department. If as a result of this hearing the person is approved, they must pay to the Office of the Secretary a BAIID fee of $360 and an $8 RDP fee. Upon payment of these fees and fulfilling the other RDP requirements, the person will receive his/her RDP and a map--listing all of the BAIID installation sites within the state of Illinois--in the mail. They then will have fourteen days to choose a BAIID provider and have the device installed. The BAIID RDP holder must then have the device monitored thirty days after its installation, and then every sixty days for as long as the device is required to be installed in the vehicle. In addition to the fees charged by the office of the Secretary of State, persons within the program are also charged various fees by companies which provide the devices. Important Note: RDP holders with two or three DUI convictions are required to install the BAIID on ALL vehicles in which their name appears upon the registration for a period of 12 consecutive months.
Additionally, and mirroring the process to receive the Restricted Driving Permit in the first place, permit holders seeking full restoration of driving privileges must also go through a Formal Hearing. Permit holders with 2 convictions for DUI on their record and who are not yet eligible for full restoration of driving privileges may seek to renew their RDP through an Informal Hearing (available at most Secretary of State Driver Services facilities) for each successive year within their revocation periods. In both Informal and Formal Hearing proceedings, adherence to the BAIID program rules are taken into consideration by the Office of the Secretary of State in deciding whether to grant reinstatement, renewal, or permit cancellation.
Finally, persons who have two or three DUI convictions but have never sought or been granted a Restricted Driving Permit must install the BAIID on ALL vehicles in which their name appears upon the registration for a period of 12 consecutive months. AS A CONDITION OF FULL REINSTATEMENT OF THEIR DRIVER'S LICENSE.
Recent changes to BAIID Program-
Open Competition- Under the old administrative rules, BAIID RDP holders were required to go to a single firm to get their BAIIDs installed. This was based on the address of the BAIID RPD holder. BAIID RDP holders may now choose any certified BAIID provider to furnish the device. As of 08/01/03, there are five companies providing BAIID service in Illinois.
Installation Sites- Under the old rules, BAIID RDP holders had a choice of between three and eleven sites in which they could have the device installed and serviced. These sites were often 75 to 90 miles from the permit holder's home. The new rules have greatly expanded the number of sites (currently 156) and as of 9/27/06, there is no location in Illinois that is more than 28 miles from a BAIID installation site.
New Technology- With the advent of the new rules, BAIID companies are now required to install alcohol-specific "Fuel Cell" technology based devices. BAIID RDP holders will no longer have to worry about such substances as cigarette smoke, spicy foods or car exhaust from setting off the devices by mistake.
NOTE: The Secretary of State has no involvement in the contractual arrangement between the BAIID petitioner and the BAIID provider. It is the responsibility of the BAIID petitioner to understand all of the terms of that agreement.
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