Newsletter

1 |  2 | 

DUI Law Summary for: BAIID & MDDP Program

Public Act 95-0400 was enacted effective January 1, 2009. The new law doubles the length of the statutory summary suspension periods. If a person is a first time offender and submits to a chemical test disclosing a BAC of over .08, the person will now be suspended for six months and if the first time offender refuses, the statutory summary suspension period is for twelve months.

There are no changes to the procedures for statutory summary suspensions or the issues usually presented at those hearings. The law still requires a thirty day hard suspension after the start of the suspension before any driving relief can be issued.

Judicial Driving Permits are eliminated. Instead, a Monitoring Device Driving Permit (MDDP) will be issued. The interlock ignition permit will allow unlimited use of a motor vehicle twenty-four hours a day, seven days a week.

The new statute, 625 ILCS 5/11-501.1(e), requires that a court shall order the Secretary of State to issue a permit to a first time offender unless the offender opts out in writing not to have the permit. The court has no discretion and, in fact, the judge must inform the defendant that he has the right to such a permit. The prosecutor cannot object to the issuance of an MDDP.

The issuance of an MDDP is conditioned upon receipt by the Secretary of State of an order from the Court. A non-refundable fee in an amount equaled to thirty dollars per month times the number of months or any portion of a month remaining on the statutory summary suspension is required. This one time payment must be paid in advance prior to the issuance of the MDDP. Payment may be made in the form of a money order, check or credit card charge. Any MDDP offender whose suspension is extended or who is re-suspended must pay a non-refundable fee for the length of the period of the extension or re-suspension. Suspensions will not be terminated until payment of any and all fees due.

The Court shall not order the Secretary of State to issue an MDDP unless (1) Defendant has a valid driver's license; (2) no death or great bodily harm resulted from the arrest; (3) the offender has not previously been convicted of reckless homicide; or (4) the offender is over 18 years of age.

The Court cannot require an alcohol evaluation prior to issuing the MDDP order to the Secretary of State and as such, the Court will not be aware of the defendant's driving history or criminal background.

1 |  2 |