Ignition interlock requirements in Illinois

Illinois issues a first offender a monitoring device driving permit without being asked. After a second DUI, the device is on every car you own for at least five years before reinstatement.

Illinois ignition interlock (BAIID) at a glance

The sections behind each line are set out below, with the statute's own words.

First offenders: the monitoring device driving permit

Illinois handles a first offender's statutory summary suspension differently from most states. It does not wait for an application. When the Secretary of State mails the suspension notice, it also sends notice that the person “will be issued a monitoring device driving permit” — the MDDP — along with the procedure for installing the breath alcohol ignition interlock device, the BAIID, and for seeking indigent status.

What the permit allows

An MDDP holder “may drive for any purpose and at any time,” subject to the Secretary's rules, but only in vehicles fitted with a device at the holder's own expense, and never a commercial motor vehicle. The device must be installed within 14 days of the permit's issue; the provider notifies the Secretary, and if no notice arrives, the permit is canceled.

Who does not get one

No MDDP is issued where the license is otherwise invalid, where death or great bodily harm to another resulted from the arrest, where the offender has a prior conviction for reckless homicide or aggravated DUI involving death, or where the offender is under 18.

You can decline it

A person who does not want the permit may petition the court of venue to decline it. The court must first explain the consequences, including the heavier penalties for driving while suspended. The person can apply for an MDDP at any time afterward.

The administration fee

Separate from anything a provider charges, an MDDP holder pays the Secretary an administration fee capped by statute at $30 a month, with the exact amount set by rule. The same cap applies to the fee for a device required on a restricted driving permit under section 6-205.

Violations extend the suspension

The Secretary's rules must treat a holder as out of compliance for tampering or trying to circumvent the device, registering alcohol above the allowed number of times, failing to prove installation, or breaking any other rule. Once the Secretary determines a violation, the summary suspension is extended three months “beyond the originally imposed summary suspension period,” during which the person may drive only device-equipped vehicles, and there is no limit on the number of extensions. The person can contest an extension at a hearing.

Impound and forfeiture

A third extension, or any combination of three extensions and new suspensions on the same summary suspension, means the vehicle is impounded for 30 days at the person's expense. A fourth means seizure and forfeiture.

If the permit is canceled

The MDDP is canceled for a new DUI-type conviction or supervision, for driving while suspended, or for removing the device without the Secretary's permission. A person whose permit was canceled is not reinstated when the summary suspension ends; the suspension becomes at least twice the original period, or the length of any extensions if longer, and the only permit available is a restricted driving permit on a device-equipped vehicle.

Employer vehicles

An MDDP holder who has to drive an employer-owned vehicle for work may ask the Secretary for permission to drive it without a device, on a form the employer completes. The exemption does not cover a school bus or a vehicle for more than 15 passengers, a vehicle owned by a business the holder or a family member owns, or a vehicle made available for personal use, and the exempted vehicle may be driven no more than 12 hours a day, six days a week.

Indigent drivers

If the Secretary determines a person is indigent, it gives them a written determination to hand to a provider. The provider must install the device, provide the normal monthly monitoring and remove it without charge, and claim reimbursement from the Indigent BAIID Fund. Lockout and reset fees remain the driver's. The fund is paid for by a 5% surcharge on every device's gross revenue, shown as a separate line on each invoice.

Second and later offenses: five years on every car you own

After a second or subsequent DUI conviction the interlock becomes a condition of getting the license back at all. The Secretary “shall require the use of ignition interlock devices for a period not less than 5 years on all vehicles owned by” the person, who “shall not be eligible for reinstatement until the person installs an ignition interlock device and maintains the ignition interlock device for 5 years.”

Restricted driving permits along the way

A person revoked after two or more DUI-related events from separate occurrences — convictions, statutory summary suspensions or suspensions under section 6-203.1 — may hold a restricted driving permit only for a device-equipped vehicle. A permit issued for work does not stop the holder driving an employer's occupational vehicle without a device, but after a second offense within five years that exemption only applies once a year of revocation, or a year on a device-only permit, has passed.

The filing that runs alongside it

Illinois's proof of financial responsibility is in chapter 7 of the Vehicle Code, not chapter 6. It certifies 25/50/20 and runs for 3 years. The chapter 7 sections this site read attach it to several events; which DUI events trigger it is in sections not read for this page. The Illinois SR-22 page covers the filing and its release.

What this page does not cover

The summary suspension the MDDP rides on lasts 6 months after a failed test or 12 after a refusal for a first offender, and starts on the 46th day after notice; the summary suspension guide has the periods and the rescission hearing. After a revocation, the restricted driving permit and license reinstatement guides cover the road back, and driving while suspended covers what happens to someone who skips the permit. The Secretary's rules on compliance and the alcohol set point are not described here. Device prices are set by providers, not by statute.

Common questions