The MDDP Program in Illinois

Posted on in DUI

MDDP, drunk driving, Illinois Criminal Defense LawyerBefore you were arrested on charges of driving under the influence, you probably failed or refused a blood alcohol content (BAC) chemical test. Such tests, while not the only criteria for determining your impairment, are administered to establish your BAC, and the penalties for failing or refusing them are administered by the Secretary of State’s Office.  They are applied separately from any sentence or penalties imposed as conditions of court supervision or as the result of a DUI conviction.

Statutory Summary Suspensions

Technically considered an administrative penalty as opposed to a criminal one, a statutory summary suspension applies to any driver who fails or refuses to submit chemical BAC testing. If you fail a breathalyzer, blood, or urine test for the first time, your driving privileges will be suspended for 6 months. A suspension of 12 months will be applied for subsequent failures. What constitutes a failed test depends upon the driver’s age and whether the vehicle is commercial or private. The legal BAC limit for a driver 21 or older operating a private vehicle is 0.08 percent, 0.04 percent for a commercial vehicle, and 0.00 for any driver under 21.

Refusal to submit to testing automatically results in a summary suspension as well: one year for a first refusal, and three years for any subsequent refusals. Again, it is important to realize test results are not the only evidence that can be used in your DUI case, so you could refuse the test, increase your suspension, and still be convicted.

Monitoring Device Driving Permit

For many drivers, the suspension of driving privileges could greatly affect their ability to go about their daily business, including work, school, and family obligations. That is why the state of Illinois affords most first-time offenders opportunity to begin driving again under specific conditions. During the first 30 days of a statutory summary suspension, you are not eligible for relief. On day 31, however you may be granted a Monitoring Device Driving Permit (MDDP) to allow you to drive, as long as a Breath Alcohol Ignition Interlock Device, or BAIID, has been installed on the vehicle.

The MDDP permits you to operate the vehicle without time or geographic restrictions, provided that you remain compliant with the BAIID’s requirements. The BAIID ensures that you will not attempt to drive under the influence, and allows the Secretary of State’s Office to monitor the testing results of any submitted breath samples. Any attempts to manipulate or misuse the device can result in increased penalties and the revocation of the MDDP. If you are later convicted of the same DUI that led to the statutory summary suspension, and your license is revoked, you must also surrender the MDDP. A restricted driving permit, which is handled differently, may be available depending upon your specific situation.

If you have been arrested on DUI charges and you have received a statutory summary suspension, contact an experienced Chicago criminal defense attorney. Our team can help you get back on the road and back to your life quickly, and with minimal obstacles. We will also review your DUI case and assist you in finding a resolution that protects your rights and your future. Call 312-629-0669 to schedule a free consultation at the Law Offices of Hal M. Garfinkel LLC, Chicago Criminal Defense Attorney today.


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