NOTE: This page features new content to examine how the Cannabis Regulation and Tax Act (Public Act 101-0027) impacted Illinois law. Since an effective of January 1, 2020, Illinois DUI laws changed in response to the legalization of cannabis for recreational use.
When a driver loses their license due to summary suspension, they might be eligible for a Monitoring Device Driving Permit (MDDP). But these permits are only available to first offenders, without any prior summary suspensions, supervisions, or convictions for DUI in the last five years.
The MDDP allows the driver to operate their vehicle during the summary suspension. The summary suspension is six months for a blood alcohol content greater than 0.08 or positive urine screen or blood draw for cannabis, a controlled substance, or methamphetamine. If the driver refuses any chemical test, then the summary suspension is for a period of one year.
Concerning cannabis, specifically, the Illinois approach did change in 2020. Even though cannabis is now legal for recreational use, it remains a DUI to operate a vehicle while impaired. If a driver loses the ability to operate their vehicle safely due to use of cannabis, they will face criminal charges for DUI under Illinois law.
The MDDP requires the installation of a breath alcohol ignition interlock device (BAIID) in the driver’s vehicle. All vehicles titled in the driver’s name must also have a BAIID installed. The MDDP is not valid until after 30 days of the suspension have passed (i.e., it is effective on the 31st day of the summary suspension).
In Illinois, what price should I expect to pay to have a BAIID installed for an MDDP?
The costs of a BAIID are very high, which is why it is critical to challenge the statutory summary suspension in a hearing. (The manner of challenging a summary suspension is explained elsewhere on this site.)
The driver must pay two organizations for the BAIID: the provider and the Secretary of State. The provider is a private company licensed to participate in the BAIID program by the Secretary of State. The installation fee payable to the provider is a minimum of $85 (paid once). After the installation fee, the driver must pay to rent the machine, which is a minimum of $80 each month (generally for a suspension of 6-12 months). Finally, the provider must be paid to de-install the device, which is $100 (paid once).
In addition to the above, the Secretary of State must be paid monitoring fees. These fees must be paid upfront. Currently, the Secretary of State BAIID Program charges $30 per month in monitoring fees. Recall that the MDDP is only available after the first month. Therefore, the fees paid up front to the Secretary of State are $150 (5 months) or $330 (11 months).
As you can see, the BAIID Program is very costly. That is why you must file that petition to rescind summary suspension at the earliest opportunity. A good lawyer may be able to win your summary suspension hearing.