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Rolling Meadows driving under the influence defense lawyer

The state of Illinois has some of the strictest DUI laws in the country. Even for a first offense of driving while under the influence, you can lose your driving privileges. In fact, through a statutory summary suspension, your driving privileges can be taken away without ever even being convicted of a DUI if you fail or refuse to take a chemical blood alcohol test. If your driving privileges are suspended because of a DUI, you do have options for driving relief during your suspension period. Depending on your circumstances, you can get a monitoring device driving permit (MDDP) or a restricted driving permit (RDP), both of which require the installation and use of a breath alcohol ignition interlock device (BAIID). If you lose your driving privileges, here are a few things you should know about BAIIDs:

  1. A BAIID Uses Your Breath to Determine if You Are Sober

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IL DUI lawyerA DUI conviction can be devastating - your freedom and your reputation can be at stake. Being convicted for DUI can mean serious consequences including the possibility of jail time and steep fines. When you fail a chemical test to determine your BAC during a traffic stop, you will automatically be subject to a statutory summary suspension, which is the Secretary of State’s administrative action of suspending your license. During the suspension period, you can apply for a monitoring device driving permit (MDDP) if it is your first offense, or a restricted driving permit (RDP) if it is your second or third offense.

What Is a Breath Alcohol Ignition Interlock Device?

If you are convicted of a DUI and wish to still have driving privileges, you are required to have a breath alcohol ignition interlock device (BAIID) installed in your vehicle. A BAIID is a device that is installed in the ignition of an offender’s vehicle and measures the driver’s blood-alcohol content using their breath. The BAIID will not allow the vehicle to start if the driver’s BAC is determined to be over .025. The driver must blow into the device to start the vehicle and periodically blow into the device throughout their trip to prevent drinking after the vehicle has been started.

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iid, DUI, illinois dui defense attorneyCiting statistics from a study conducted by researchers at the University of Michigan, a federal lawmaker has announced that she will be introducing legislation that will require all new cars manufactured by American companies to come equipped with ignition interlock technology in order to stop drunk drivers from getting behind the wheel of a vehicle.

Ignition interlock devices (IID) measure a person’s blood alcohol content (BAC) the same way a breathalyzer does. When the device is installed on a vehicle, it requires a driver to provide the device with a breath sample in order for the vehicle to start. If the driver’s BAC is over a pre-programmed limit, the vehicle will not start. Many states, including Illinois, use these devices as criteria for reinstating the driving privileges of a person who has been convicted of driving under the influence.

The bill is being introduced by U.S. Representative Kathleen Rice (D-NY), a former District Attorney of Nassau County, NY. Representative Rice has been nationally recognized for the hard stance she has taken against drunk driving. In her press release announcing the proposed law, Rice discussed the University of Michigan study as indication that IIDs work toward preventing drunk driving, thus saving lives.

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BAIID IMAGEThe National Highway Traffic Safety Administration (NHTSA) and Mothers Against Drunk Driving (MADD) have joined forces to push for the requirement of first time drunk driving offenders to use ignition interlocks that would stop the offenders from being able to start the vehicle if they had been drinking. Both organizations are urging all states to adopt that requirement.

Currently, twenty states and four counties in California have adopted the requirement of ignition interlocks for drivers who have been convicted of driving under the influence. In Illinois, an ignition interlock is only required for drivers who have requested permission for a restricted license, while still under suspension. It is also required for individuals who have multiple DUI convictions.

When an ignition interlock has been installed in a car, a driver has to blow into the device in order to give a breath sample. If the device reads a blood alcohol content of .05 or higher, the vehicle will not start. If the reading is negative for alcohol, the vehicle will start up. While the vehicle is in operation, the driver is required to provide random readings to ensure the driver’s blood alcohol level is still negative.

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