Ignition Interlock Violation (BAIID) Defense
Harvatin Law Offices is a driver’s license hearing law firm in Springfield, Illinois. Most clients are shocked to find that legal expertise in this field bears no correlation to location or being a traditional “DUI lawyer”. A driver’s license hearing is quite different from a DUI court proceeding.
Just a few steps away from the hearing location, we offer troubled drivers what big-city law firms cannot: unparalleled experience and stellar legal service at a fair price. No matter how complex the case, our seasoned attorneys and highly-skilled staff can help you obtain driving relief.
Breath Alcohol Interlock Ignition Device (BAIID) Applicability
Motorists who attend a driver’s license hearing may be required install a machine that detects their blood alcohol concentration (BAC) before driving. By blowing into the attached mouthpiece, BAIID can record this level and prevent the vehicle from starting if alcohol is detected. The BAIID terms and conditions are as follows:
- Drivers with 2 or more convictions for DUI and/or reckless homicide are considered “multiple” BAIID offenders. They are required to comply with the BAIID Program for five years, during which they are only eligible for a Restricted Driving Permit (RDP)
- A driver with a cancelled Monitoring Device Driving Permit (MDDP) due to a DUI conviction must have BAIID if granted an RDP and must maintain it until being reinstated
- Driver's with a single DUI conviction and one or more Statutory Summary Suspensions (SSS) arising from an arrest other than the current one must have a BAIID if granted an RDP and must maintain it until being reinstated
- Any driver with a conviction for reckless homicide or aggravated DUI involving death must have a BAIID if granted an RDP and must maintain it until being reinstated
Workings of the Interlock Device
The Interlock (machine) records the BAC detected in every “blow.” Anything under a .025 BAC will allow the engine to start. If the offender blows three times in half an hour and the machine registers BACs of .025 or higher, the car will be on “lockout” for 24 hours. After 24 hours, the driver will receive an alert to take the device for an “early reading.”
Otherwise, the driver is required to bring the device in for monitoring every 30 days. The Secretary of State analyzes the results to determine whether the driver consumed alcohol before starting the vehicle. “Rolling retests” also monitor the motorist’s BAC while driving.
- Any BAC of .05 or above
- Any attempt, tampering with, or circumvention of the Interlock
- 10 or more unsuccessful attempts to start the car within a 30-day period
- 5 or more failed attempts to start the vehicle within a 24-hour period
- Failure to take or actually failing a running retest
- Failure to timely submit the device for a monitor report
The offender may request a “work exemption” that limits the installation of an Interlock to the driver’s personal vehicle. For example, if the driver uses a car for work that is not specifically assigned to the driver or that other employees use, an Interlock is not required. The exemption does not apply to those who are self-employed or work for a family-owned business. It is also not available during the first year of a revocation of five years or more.
Legal Assistance for Potential BAIID Violations
The Illinois driver’s license hearing lawyers of Harvatin Law Offices have extensive experience defending alleged BAIID violations. A proper response to the BAIID unit with regard to alleged violations of the program, a service that Mr. Harvatin provides to his retained clients at no additional charge, may shortchange BAIID issues before they become problems at your next hearing.
After 15 years of experience as a hearing officer, Mr. Harvatin can tell you that a BAIID denial is a strike against you that will be hard to overcome. In fact, making damaging statements during any step of the process may substantially delay your chances of relief.
That is why it is crucial to start on the right foot by consulting an attorney whose practice is concentrated in driver’s license hearings and who will represent your interests and dramatically improve your chances of obtaining relief. Call the Harvatin Law Offices today at (800) 829-8513 for a confidential consultation, or contact us online.