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Illinois Has Abolished the JPD and Replaced it with the MDDP

Effective January 1, 2009, Illinois has abolished the judicial driving permit [“JDP”] and replaced it with the monitoring device driving permit [“MDDP”]. As it was with the JDP, the MDDP allows a “first offender” to drive during the term of a statutory summary suspension. The MDDP requires that the vehicle driven is equipped with a breath alcohol ignition interlock device [“BAIID”]. Persons issued an MDDP who must drive an employer’s vehicle that is not equipped with a BAIID may request to be allowed to do so.

Whereas a JDP permitted a person to drive only for limited purposes, such as for work, school or treatment, the MDDP allows driving for any purpose. The MDDP also places no limitation on the amount of time a person can drive each week. In these two regards, the MDDP facilitates greater driving freedom than did the JDP.

With the eradication of the JDP, gone also is the requirement that the petitioner furnishes the court an alcohol evaluation or employment letter. Whereas the court had discretion to deny issuance of a JDP, the court now must grant an MDDP to every first offender who does not “opt out” of the program, and as long as the person’s driver’s license is otherwise valid, death or great bodily harm did not result from the charge at issue, the driver was not previously convicted of reckless homicide or aggravated driving under the influence involving death, and the driver is not under the age of 18.

An individual who opts not to receive an MDDP must do so in writing. If later, during the pendency of the statutory summary suspension, that same person desires an MDDP, one still may be requested. The court is required to inform first offenders of their right to an MDDP and of the obligations under the MDDP.

Fees and Costs Associated with Administration & Use of the BAIID

If it is true that the MDDP provides greater driving freedom than did the JDP, without doubt in all other regards it is a more burdensome, costly and onerous proposition for the motorist. A major difference between the MDDP and the now-defunct JDP is the cost associated with each. Stated simply, the JDP was free; a JDP petitioner did not have to pay anything to obtain and drive on that permit. To obtain and maintain an MDDP, however, the driver must pay at least four separate fees.

First, there is the Secretary of State “administration fee.” This fee has been set at $30.00 per month. It is noted that the same 30 days of “hard suspension time” that applied to JDPs remains in effect. Thus, MDDP drivers still must wait until the 31st day of the statutory summary suspension before they can drive. The $30.00 per month administration fee must be paid to the Secretary of State in full, up front, for the entire suspension period at the time the Secretary receives the MDDP order.

With the inception of the MDDP program there has also come a doubling of first offender statutory summary suspension time. Therefore, a driver facing a six-month suspension is required to pay a $150.00 administration fee to drive for the last 5 months of the suspension, and a driver facing a one-year suspension is required to pay an administration fee of $330.00 to drive for the last 11 months of the suspension.

It is noted that in practice, if an MDDP-eligible offender requests an MDDP at the first court appearance, the court may issue an order that requires the permitee to pay administration fees for a full six months or twelve months, even though driving is not allowed during the first month of the suspension. Whatever the total administration fee, it must be paid by money order, cashier’s check, or “pre-approved” credit card.

Once the MDDP has issued, drivers have 14 days to have the BAIID installed on their vehicles. If the Secretary of State does not receive notice that the BAIID was installed during this 14 day period, the MDDP is canceled.

In addition to the administration fee, the driver is required to pay a BAIID installation fee ranging from between $85.00 and $100.00, and approximately $80.00 to $115.00 per month in rental fees, all to the device provider. The device provider must be certified by the Secretary of State. There is even an additional charge for de-installation of the device. Also, the requisite reinstatement fee of $250.00, payable to the Secretary of State at the natural conclusion of the summary suspension, remains in effect. The court is allowed to waive MDDP fees if it finds a person to be indigent.

Based on the costs enumerated in the foregoing table, an MDDP driver who is not declared indigent by the court and who is facing a one-year statutory summary suspension will have to pay strictly BAIID-related fees of between approximately $1,395.00 and $1,795.00. When the reinstatement fee is appended to this figure, the global MDDP-BAIID-Statutory Summary Suspension cost could exceed $2,000.00.

How the BAIID Functions Under the Illinois MDDP Rules

In specifically considering how the BAIID functions under the MDDP, it becomes clear that it comes with a strict and heavy burden of compliance. As stated previously, once the MDDP has issued, drivers have 14 days to have the BAIID installed on their vehicles and are permitted to operate only vehicles that have a BAIID.

Before attempting to start a vehicle, the driver must blow into the BAIID. The device then determines how much alcohol is in the driver’s system. It will not let the vehicle start if the alcohol level exceeds 0.025. Once the vehicle has started, the BAIID will require the driver to submit breath samples at random intervals throughout the driver’s trip. If the driver does not perform a “running test,” or fails a running test by blowing over a 0.05, the vehicle will not shut off in traffic but its horn will start to honk to alert any nearby police.

Violations of the MDDP include: (1) submitting a blood alcohol content [“BAC”] reading of 0.05 or more, (2) 10 or more unsuccessful attempts to start the vehicle within a 30 day period, (3) 5 or more unsuccessful attempts to start the vehicle in a 24 hour period, (4) failing a running retest or failing to take a running retest, (5) failing to submit a BAIID for a monitor report in a timely manner, (6) failure to use the device as required, and (7) attempting to tamper with, circumvent, remove or actually removing the device.

The driver is required to keep a journal of events surrounding unsuccessful attempts to start the vehicle, failures to complete a running retest, anyone else driving the vehicle, and any problems with the BAIID.

Every 60 days, MDDP holders must submit their BAIID to the BAIID provider for monitoring and calibration of the device. At that time, the BAIID provider will download the BAIID’s information and forward that information to the Secretary of State. If, at any time, the BAIID alerts the driver that the device must be taken into the BAIID provider for service or inspection, failure to do so within 5 working days will result in a 3 month extension of the statutory summary suspension.

Also, any monitoring report that shows a violation will result in the Secretary of State sending the driver a letter asking for an explanation. If the driver fails to respond to this letter within 21 days of the date of the Secretary’s letter, or the driver’s response does not “reasonably assure” the Secretary of State that no violations occurred, the statutory summary suspension will be extended a minimum of 3 months. If the suspension is extended 3 times, the vehicle in which the BAIID is installed can be impounded for a minimum of 30 days at the driver’s expense. If the suspension is extended 4 times, the vehicle is subject to seizure and forfeiture.

Former Illinois Traffic Court Prosecutor Representing Drivers Charged with DUI in Lake & Cook County

If you are charged with the traffic violation of driving while under the influence of alcohol in Lake County or Northern Cook County, Illinois, and you are seeking legal counsel, Attorney Matt Hoffman offers a free DUI consultation on every case. As a former DUI prosecutor in the Lake County, Illinois State's Attorney's Office, Matt Hoffman has more than 10 years' experience handling DUI violations in Illinois courts. He appears routinely while representing clients on traffic violations at the following Lake and Cook County, Illinois traffic courts:

Lawyer Defending Lake & Cook County Illinois Traffic Court Driving Under the Influence Violations

There are many different police departments that forward DUI charges and other and moving violations to the six local traffic courthouses in Northeastern Illinois for disposition. These courthouses include those located at Park City, Round Lake Beach, Mundelein, Waukegan, Rolling Meadows and Skokie. If you are charged with DUI or any other moving violation within the jurisdiction of any of these six court venues, it is likely that you were cited by one of the following police departments. The Law Office of Matthew T. Hoffman P.C. defends clients charged with DUI and other traffic violations issued by these and other area police agencies: