New Laws Regarding BAIID Units in Illinois

Recent developments in BAIID law in Illinois will take effect July 1, of this year.   The acronym, BAIID, stands for Breath Alcohol Ignition Interlock Device.  It is currently used in Illinois for DUI first offenders, and as a probationary tool for those persons that are revoked for driving under the influence of alcohol.    First offenders who suffer a statutory summary suspension for either failing or refusing to take a breath test may install a BAIID unit in their vehicle to drive during the suspension period.  Offenders must blow into the machine to start the vehicle.  Random tests of breath are also required while the vehicle is in operation.    Also, those persons that are revoked for a conviction for driving under the influence of alcohol must install a BAIID unit if the Secretary of State grants temporary relief with a probationary license. However, effective July 1 of this year, the BAIID units must also have a camera attached to it to record the person submitting to the test.  Any attempts to thwart the clear viewing of the camera will be considered a violation and may result in the revocation of the device.  Evidently, the Secretary of State thinks that this is a problem, that drivers are allowing their passengers to blow into the BAIID unit. The Secretary of State has also proposed legislation to allow any driver who is revoked for DUI to install a BAIID unit in their vehicle while they apply for reinstatement of their driving privileges.    This will allow those persons to continue to earn a living while completing the steps necessary for reinstatement.  This should also decrease the number of persons charged with Driving While License Revoked based on DUI. Navigating the road to reinstatement of one's driving privileges is complicated.  Our office can assist those persons seeking reinstatement.

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