Monitoring Device Driving Permit (MDDP):
Eligibility, Driving Rules, and BAIID Requirements

What Is a Monitoring Device Driving Permit (MDDP)?

One of the first concerns many people have after being arrested for DUI is how they will continue driving to work, school, medical appointments, or other important obligations.

For many eligible drivers, Illinois law provides a form of driving relief known as a Monitoring Device Driving Permit (MDDP).

An MDDP is a permit issued by the Illinois Secretary of State that allows certain eligible drivers to operate a motor vehicle during a Statutory Summary Suspension if the vehicle is equipped with a Breath Alcohol Ignition Interlock Device (BAIID).

A BAIID requires the driver to provide a breath sample before starting the vehicle and at various times while driving. If the device detects alcohol or the driver fails to comply with the statutory requirements governing the device, additional consequences may result.

Unlike a traditional driver’s license, an MDDP is subject to specific statutory requirements and restrictions. A driver must comply with the conditions of the permit and the requirements governing the proper use of the BAIID.

Not every driver qualifies for an MDDP. Eligibility depends upon the driver’s background and the requirements established by Illinois law.

Because the MDDP is administered by the Illinois Secretary of State rather than the circuit court, questions regarding eligibility, issuance of the permit, and compliance with its requirements are generally handled through the Secretary of State’s administrative process.

Many people mistakenly believe that a DUI arrest automatically prevents them from driving until their criminal case is over. That is not always true.

Depending upon the driver’s eligibility, Illinois law may allow the driver to continue driving under an MDDP while the Statutory Summary Suspension is in effect.

However, an MDDP is not an unrestricted driving permit. Drivers must comply with the statutory requirements governing the permit and the BAIID. Providing a positive breath sample or otherwise violating the requirements governing the device may result in the extension of the Statutory Summary Suspension, the cancellation of the MDDP, or other consequences authorized by Illinois law.

Determining whether an MDDP is available, and understanding the responsibilities that accompany it, should be one of the first issues evaluated after a DUI arrest.

Do I Qualify for a Monitoring Device Driving Permit (MDDP)?

One of the first questions many drivers ask after learning about a Monitoring Device Driving Permit is whether they qualify.

The answer depends upon your driving history and the requirements established by Illinois law.

One of the most important eligibility requirements is whether you qualify as a “first offender” under the Illinois Vehicle Code.

For purposes of determining eligibility for an MDDP, a first offender is generally a driver who, during the preceding five years, has had:

• No DUI conviction.
• No court supervision for DUI.
• No Statutory Summary Suspension resulting from refusing or failing chemical testing.

The term “first offender” has a specific statutory definition for purposes of determining eligibility for an MDDP. It does not simply mean that this is your first DUI arrest, nor does it determine your status in the criminal DUI case.

Instead, the definition applies only to eligibility for an MDDP and certain related driver’s license matters under the Illinois Vehicle Code.

Because the statutory definition is technical and exceptions may apply, it is important not to assume that you qualify simply because this is your first DUI arrest.

If you qualify as a first offender under Illinois law, you may be eligible for an MDDP if the remaining statutory requirements have been satisfied.

Drivers who do not qualify for an MDDP may, in some circumstances, seek driving relief through an administrative hearing before the Illinois Secretary of State. Those proceedings are separate from the criminal DUI case and generally do not provide immediate driving relief.

Many drivers believe the phrase “first offender” refers to their criminal DUI case. It does not.

For purposes of an MDDP, “first offender” is a statutory term defined by the Illinois Vehicle Code. Whether a driver qualifies depends upon the statutory definition and the driver’s record during the applicable five-year look-back period, not simply whether this is the driver’s first DUI arrest.

Where Can I Drive with a Monitoring Device Driving Permit (MDDP)?

One of the most common misconceptions about a Monitoring Device Driving Permit (MDDP) is that it only allows a person to drive to work.

That is not correct.

Unlike some other forms of driving relief available under Illinois law, an eligible driver issued an MDDP is generally permitted to operate a vehicle equipped with a Breath Alcohol Ignition Interlock Device (BAIID) without being restricted to specific destinations or limited driving hours.

However, an MDDP does not eliminate the driver’s responsibility to comply with all of the statutory requirements governing the permit and the BAIID.

Every time the driver operates a vehicle equipped with a BAIID, the driver must comply with the requirements established by the Illinois Secretary of State, including providing the required breath samples before and during operation of the vehicle.

Failure to comply with those requirements may result in additional consequences under Illinois law, including the extension of the Statutory Summary Suspension, cancellation of the MDDP, or other sanctions authorized by law.

Many drivers confuse an MDDP with a Restricted Driving Permit (RDP).

They are different forms of driving relief governed by different statutory provisions and eligibility requirements. The privileges granted by an MDDP are generally broader than those available under many Restricted Driving Permits.

What Happens If I Violate the Rules of My Monitoring Device Driving Permit (MDDP)?

Receiving a Monitoring Device Driving Permit (MDDP) allows many eligible drivers to continue driving during a Statutory Summary Suspension. However, an MDDP carries important responsibilities.

Drivers issued an MDDP must comply with the statutory requirements governing the permit and the Breath Alcohol Ignition Interlock Device (BAIID).

Examples of conduct that may result in violations include:

• Providing a positive breath sample.
• Failing to provide a required breath sample.
• Circumventing or tampering with the BAIID.
• Operating a vehicle without complying with the requirements established by the Illinois Secretary of State.
• Operating a motor vehicle that is not equipped with the required BAIID while your MDDP is in effect.
• Other conduct that violates the conditions governing the MDDP or BAIID.

Depending upon the nature of the violation, Illinois law may authorize consequences including:

• An extension of the Statutory Summary Suspension.
• Cancellation of the MDDP.
• Additional administrative action by the Illinois Secretary of State.
• In some circumstances, arrest for driving while your driver’s license is suspended if you are operating a vehicle that is not equipped with the required BAIID.

Following certain reported violations, the Illinois Secretary of State may require the driver to submit an Explanation Letter describing the circumstances that may have inadvertently caused the reported violation. An Explanation Letter provides the driver with an opportunity to explain the circumstances surrounding the reported event, but it does not necessarily prevent additional action by the Illinois Secretary of State.

Because the consequences of an MDDP violation may be significant, drivers should carefully understand the requirements governing the permit before relying upon it for daily transportation.

Many drivers focus on obtaining an MDDP but spend very little time learning the rules that govern it. That can be a costly mistake.

An MDDP authorizes an eligible driver to operate only a vehicle equipped with the required BAIID. Operating another vehicle while your MDDP is in effect may result in serious consequences, including an arrest for driving while your driver’s license is suspended.

How Long Will I Have to Use a Breath Alcohol Ignition Interlock Device (BAIID)?

One of the most common questions drivers ask after learning they qualify for a Monitoring Device Driving Permit (MDDP) is how long they will be required to use a Breath Alcohol Ignition Interlock Device (BAIID).

The answer depends upon the length of your Statutory Summary Suspension.

For many first offenders:

• A six-month Statutory Summary Suspension generally requires the BAIID to remain installed for the entire six-month suspension period if the driver wishes to continue driving under an MDDP.
• A twelve-month Statutory Summary Suspension generally requires the BAIID to remain installed for the entire twelve-month suspension period if the driver wishes to continue driving under an MDDP.

Drivers subject to a three-year Statutory Summary Suspension are generally not eligible for an MDDP.

A driver is not required to participate in the MDDP program. However, a driver who chooses not to install and maintain a BAIID cannot lawfully drive during the period of the Statutory Summary Suspension.

A driver who chooses to participate in the MDDP program should generally continue using the BAIID for the entire period of the Statutory Summary Suspension unless:

• The court rescinds the Statutory Summary Suspension by court order, or
• The driver voluntarily chooses to stop driving for the remainder of the suspension and no longer wishes to participate in the MDDP program.

Failure to comply with the statutory and administrative requirements governing the MDDP and the BAIID while participating in the program may result in additional consequences affecting the driver’s driving privileges.

Many drivers assume they must install a BAIID after every DUI arrest. That is not correct.

The BAIID is required only if an eligible driver chooses to participate in the MDDP program and continue driving during the Statutory Summary Suspension. A driver always has the option of serving the Statutory Summary Suspension without driving.

Because participating in the MDDP carries significant responsibilities, drivers should carefully evaluate both the benefits and the obligations of the program before deciding how to proceed.