Driving after a DUI in Illinois: the Monitoring Device Driving Permit (MDDP)

The first days: the administrative suspension and the hearing deadline

In most states the licensing agency suspends the license at arrest, separately from any court case, and the driver has a short window to request a hearing on that suspension. Missing it lets the suspension take effect without review.

The officer serves immediate notice of the statutory summary suspension, confiscates the license, and issues a receipt allowing the person to drive until the suspension takes effect on the 46th day after notice (625 ILCS 5/11-501.1(f)-(g)); the Secretary of State then mails a confirmation of the effective date. Under 625 ILCS 5/2-118.1(b), within 90 days after the notice of statutory summary suspension the person may make a written request for a judicial hearing (petition to rescind) in the circuit court of venue, stating the grounds; the court must hold the hearing within 30 days after receipt of the request or the first appearance date on the ticket; the request does not stay the suspension; the scope is limited to arrest, reasonable grounds, refusal, and test result (and Type A injury or death for revocations). No court fee is stated in the statute. Separately, an MDDP holder whose MD

“Within 90 days after the notice of statutory summary suspension or revocation served under Section 11-501.1, the person may make a written request for a judicial hearing in the circuit court of venue.”

Who can get it, and how soon

625 ILCS 5/6-206.1 applies whenever a first offender (as defined in 625 ILCS 5/11-500) is arrested for DUI and is subject to the statutory summary suspension; upon mailing the notice of suspension the Secretary of State also sends notice that the person will be issued an MDDP. An MDDP shall not be issued if the offender's license is otherwise invalid, death or great bodily harm to another resulted from the arrest, the offender was previously convicted of reckless homicide or aggravated DUI involving death, or the offender is under 18; 92 Ill. Adm. Code 1001.444(a)(3) adds that an offender whose privileges are otherwise suspended, revoked or cancelled is not eligible. A first offender who refused testing and whose privileges were summarily revoked (injury or death crash) is not eligible for an MDDP but may apply for reinstatement or a restricted driving permit after one year (625 ILCS 5/6

“Upon mailing of the notice of suspension of driving privileges as provided in subsection (h) of Section 11-501.1 of this Code, the Secretary shall also send written notice informing the person that he or she will be issued a monitoring device driving permit (MDDP).”

Neither the current text of 625 ILCS 5/6-206.1 (P.A. 102-699) nor 92 Ill. Adm. Code 1001.444 states a waiting period before the MDDP takes effect; the earlier '31st day of suspension' language does not appear in the fetched statute. Sequence as stated: the officer serves notice of the statutory summary suspension and issues a receipt allowing driving; the suspension takes effect on the 46th day after notice (625 ILCS 5/11-501.1(g)); the Secretary of State mails confirmation of the suspension and, for a first offender, notice that an MDDP will be issued (6-206.1(a)); the device must be installed within 14 days of the date the Secretary issues the MDDP or the MDDP is cancelled. The first-offender summary suspension is six months for a failed test and twelve months for a refusal (625 ILCS 5/6-208.1(a)); a first-offender refuser whose privileges were summarily revoked (injury or death) must

“The offender must have an ignition interlock device installed within 14 days of the date the Secretary issues the MDDP. The ignition interlock device provider must notify the Secretary, in a manner and form prescribed by the Secretary, of the installation.”

Conditions attached to the privilege

625 ILCS 5/6-206.1: the MDDP is conditioned on driving only vehicles equipped with a breath alcohol ignition interlock device (BAIID) at the offender's own expense, installed within 14 days of issuance; an MDDP Administration Fee not to exceed $30 per month is payable to the Secretary of State. 92 Ill. Adm. Code 1001.444(a): only BAIIDs certified under Section 1001.442 may be used; the non-refundable fee is $30 per month times the number of months or portion of a month remaining on the summary suspension when the MDDP is issued (no fee for a month in which the MDDP is issued on or after the 20th day), paid in advance as a one-time payment by money order, check or pre-approved credit card; the holder may drive the vehicle for 14 days from the issuance date without the BAIID solely to take it to a provider for installation, and must be the person who takes the vehicle to the installer for

“an MDDP offender must pay a non-refundable fee in an amount equal to $30 per month times the number of months or any portion of a month remaining on the statutory summary suspension at the time the Secretary issues the MDDP.”

Where and when it allows driving

625 ILCS 5/6-206.1(a-1): a person issued an MDDP may drive for any purpose and at any time, subject to the Secretary's rules, but only in vehicles equipped with an ignition interlock device and never a commercial motor vehicle. (a-2): with Secretary approval of an employer-completed form, the holder may drive an employer-owned vehicle without a device in the course of employment, not more than 12 hours per day, 6 days per week, and not a school bus, school vehicle, vehicle for more than 15 passengers, a vehicle owned by an entity the holder or a family member owns, or a vehicle made available for personal use. (a-3): a farm tractor driven to and from a farm within 50 air miles for farm operations is exempt from BAIID installation.

“A person issued a MDDP may drive for any purpose and at any time, subject to the rules adopted by the Secretary under subsection (g). The person must, at his or her own expense, drive only vehicles equipped with an ignition interlock device as defined in Section 1-129.1”

How it is issued

The licensing agency issues the Monitoring Device Driving Permit (MDDP).

Official page: ilga.gov

The statute: 625 ILCS 5/6-206.1

“It is also recognized that driving is a privilege and therefore, that the granting of driving privileges, in a manner consistent with public safety, is warranted during the period of suspension in the form of a monitoring device driving permit.”