An ignition interlock violation can have serious consequences, complicating your legal situation and delaying license reinstatement. You may have to explain the violation to the Secretary of State’s office, and it could violate your probation, leading to further repercussions. Individuals convicted of DUI often use a Breath Alcohol Ignition Interlock Device (BAIID), which prevents engine start if the driver’s blood-alcohol content (BAC) exceeds a certain limit. This device deters further DUIs and alerts authorities if a driver is intoxicated. These devices are alternatives to stricter measures like vehicle impoundment and driving bans.
If you have failed a BAIID test, contact Dodds Law Office at (309) 807-3600.
What Is a BAIID?
The use of BAIID devices is mandated in Illinois for anyone charged with a DUI. These devices serve as an alternative to more severe penalties, like vehicle impoundment and a complete ban on driving. DUI statistics in Illinois indicate that in 2023, there were 21,975 arrests for DUI, with 91% of those apprehended having their license suspended or revoked. BAIIDs enable drivers to continue operating their vehicles under supervision, providing the opportunity to commute and manage other essential activities.
On average, around 12,000 individuals in Illinois have a BAIID device installed in their cars or trucks. Studies indicate that using BAIIDs may lead to decreased alcohol consumption. One study found that most participants reduced both their drinking frequency and alcohol intake, with 14% of those surveyed stopping drinking entirely.
BAIID stands for Breath Alcohol Ignition Interlock Device, and it is often referred to as an Ignition Interlock Device or IID. This device employs advanced technology to measure a driver’s blood-alcohol content (BAC) before permitting the vehicle to start. Installed in the ignition system, it prevents the car from starting if the breath sample indicates a BAC of .025 or higher. Conversely, if the breath sample shows no alcohol, the vehicle will start normally.
Here’s a brief overview of how BAIIDs generally operate:
- Analyze breath. Upon entering the vehicle, the driver must blow into the BAIID, which assesses the alcohol level in their breath to see if it surpasses a specified limit.
- Detect alcohol. The sensor within the BAIID identifies any alcohol in the breath sample. If the alcohol concentration is below the pre-established threshold, the vehicle will start as usual. Conversely, if the alcohol level exceeds this limit, the device will block the vehicle from starting.
- Random Retests. While the vehicle is driven, the BAIID may require the driver to complete random retests at specified intervals. This is to ensure that the driver remains sober during the trip.
- Log data. Many BAIIDs come equipped with data logging features, which track details like breath test outcomes, vehicle usage, and any tampering attempts. Authorities can access this information, which may also be used in court to uphold compliance and enforce DUI penalties.
- Tamper Resistance. BAIIDs are built to be tamper-proof, incorporating features like cameras to verify that the driver is the one providing the breath sample and measures to thwart any attempts to cheat or bypass the device.
What Happens If You Fail a BAIID Test in Illinois?
If you have been given a Restricted Driving Permit (RDP) or a Monitoring Device Driving Permit (MDDP) due to a DUI license revocation after receiving a DUI when you are pulled over or for any other drunk driving, you may need to use a BAIID, which is commonly known as a breathalyzer.
If your BAC is below 0.025, your vehicle will start. But, what happens if you fail a BAIID test in Illinois? If you blow three times within a half-hour period and the device detects BAC levels of 0.025 or higher, you will be locked out of your car for 24 hours. After this period, you will receive a notification to take the interlock device for an “early reading.”
Additionally, you must bring the device in for monitoring every 30 days. The Illinois Secretary of State will review your records to determine if you consumed alcohol before attempting to start your vehicle. The device also conducts “rolling tests” to check your BAC while you are driving.
Consequences of Ignition Interlock Violations in Illinois
Examples of BAIID violations consist of having a reading of 0.05 or higher, failing to complete the required rolling tests, not passing the rolling BAIID test, neglecting to submit reports, exceeding five unsuccessful attempts to start the vehicle in a 24-hour period, surpassing ten unsuccessful attempts within 30 days, and attempting to remove or tamper with the BAIID device.
The Secretary of State’s office retrieves data from the BAIID every 60 days. If a violation is identified, you will receive a letter from the Secretary of State’s office asking for an explanation. Once you receive this letter, you are required to respond with an explanation for the failed BAIID test within 21 days. If the device malfunctions, it’s important to mention that, as the state understands these issues can occur. Additionally, if someone else was attempting to drive your vehicle, you should clarify that as well.
Failure to respond to the request or providing an inadequate explanation may lead to an extension of your suspension for an additional three months per violation and/or cancellation of your MDDP. How many interlock violations can you have? Accumulating three extensions may result in your car getting impounded for a minimum of 30 days, while four extensions could lead to the vehicle getting seized or forfeited.
Probation Violation
After a DUI conviction, you may be placed on probation. DUI probation involves supervised oversight for individuals who have been found guilty of driving under the influence. The judge establishes conditions that the offender must adhere to, which may include avoiding drugs and alcohol, participating in treatment programs, and regularly meeting with a probation officer.
If you are on probation for a DUI-related offense and fail an Ignition Interlock Device test, it may lead to a probation violation and affect a DUI charge. Typically, probation comes with stipulations, such as refraining from alcohol use and following all court-ordered requirements, including the installation and use of an IID if deemed necessary.
Failing an IID test while on probation is a serious issue, as it signals a failure to comply with probation terms. The consequences for a probation violation can differ based on the seriousness of the infraction and the court’s discretion. Possible repercussions may include:
- Revocation of probation. The court has the authority to revoke your probation and enforce the original sentence, which may include incarceration or added financial penalties.
- Further penalties. Alongside revoking your probation, the court might impose further penalties such as extended probation duration, mandatory community service, or increased fines.
- Required Counseling. The court could mandate participation in alcohol counseling or treatment as a condition for reinstating probation.
- Driver’s License Consequences. A violation of probation may also result in the suspension or revocation of your driver’s license, depending on the terms of your probation and the laws in your state.
Considering the ramifications of a probation violation, it’s important to take necessary IID tests seriously and adhere to all the terms of your probation. If you are dealing with a probation violation as a result of failing an IID test, it is vital to obtain legal advice from a DUI attorney who understands probation violation matters. They can represent you, clarify your rights, and assist you in managing the legal process to reduce possible consequences.
How an Illinois DUI Lawyer Can Help with BAIID Violations
A lawyer can provide aid when it comes to BAIID violations. Here are several ways in which your lawyer can help:
Evaluate Your Situation
A lawyer can closely examine your BAIID violation, including the cause of the failure. They can identify legitimate grounds for the violation, such as device malfunctions or tampering by another person. If needed, a lawyer can scrutinize the device’s maintenance records and challenge the accuracy of the test results.
Develop a Response
If you receive a notice from the Secretary of State concerning a BAIID violation, a lawyer can help you craft a comprehensive and effective response. This includes presenting any evidence or explanations that may help mitigate the situation. If you have a valid reason for the violation, such as a medical condition or someone else using your vehicle, a lawyer can communicate these factors to the Secretary of State.
Legal Representation
If your BAIID violation results in a hearing or court appearance, having legal representation is crucial. An attorney can present your case, advocate on your behalf, and work to safeguard your driving privileges. Armed with knowledge and experience in navigating the intricacies of DUI law, a lawyer offers essential support throughout the process.If you have failed a BAIID, contact us at Dodds Law Office to enhance your chances of achieving a favorable outcome and protecting your driving privileges.