Illinois Illinois’ all -offender ignition interlock law went into effect on January 1, 2009. From 2006 to 2020 in Illinois, interlocks stopped 129,893 attempts to drive drunk with a breath alcohol concentration of .08 or greater, including 9,141 attempts to drive drunk in 2020.
Grade: C- (73/100) Illinois’ all -offender law allows drunk drivers to wait out their device order and loopholes remain which undermines the effectiveness of the current law.
Why does MADD call the law all-offender? For a first-time offender must use an interlock in order to drive during a license revocation period. Process to obtain an ignition interlock 1. Serve all jail/suspension time and pay fines as ordered by the court. Undergo any alcohol/drug remedial education and/or treatment programs as ordered by the court. 2. Fill out and apply for a Monitoring Device Driving Permit (MDDP), or request a hearing to obtain a Restricted Driving Permit (RDP), dependent on DUI conviction/s. 3. After receiving permit, schedule an appointment to have an interlock device installed. 4. If person has more than one DUI arrest on their record, person will either have to attend a formal or informal hearing. 5. File proof of financial responsibility prior to reinstatement (SR- 22 form), pay the $500 reinstatement fee, and pass the driver’s license exam. Ignition Interlock Law Overview and MADD Legislative Recommendations How soon can an ignition interlock be installed? Duration on ignition interlock Legislative Recommendation First offense Upon suspension of driving privileges. 6 to 12 months Second offense 1 to 5 years First refusal 1 year Can a drunk driver wait out an interlock order? Yes Legislative Recommendation Any person who has a license suspended for a drunk driving offense, must use an ignition interlock for at least six months before obtaining a non-interlock driver's license. Compliance based removal? Yes If a violation(s) is detected, the user will receive a letter from the Secretary of State's office requesting an explanation. A recordable violation is: 1) 10 or more unsuccessful attempts to start the vehicle within a 30-day period, 2) 5 or more unsuccessful attempts to start the vehicle within a 24-hour period, 3) BAC reading of .05 or higher, 4) Failing a running retest, or failing to take a running retest, 5) Failing to submit the interlock for a monitoring report in a timely manner, 6) Failure to use the interlock as required, 7) Attempts to tamper with or circumvent the interlock, 8) Obscuring the camera. If the user does not respond to the request or the explanation is insufficient, the suspension maybe extended for an additional 3 months per violation and/or the interlock license may be cancelled.3 extensions may result in the car being impounded for a period of at least 30 days. A 4th extension may result in the vehicle being seized. Day-for-Day credit for early installation? No Legislative Recommendation Allow for the use of ignition interlock after arrest and credit early installation of an interlock toward time ordered on an interlock upon conviction. Interlocks required for plea agreements or diversion?
Allow a first-time apprehended drunk driver who did not cause an injury or property damage crash, and successfully completes six continuous months on an ignition interlock and completes other court or department conditions to be granted a plea deal.
Legislative Recommendation
Affordability program? Yes A user may be declared indigent by the Secretary if the user’s total monthly income is 150% or less of the federal poverty gu idelines per their federal or state tax return. For a person who has not filed a tax return for the most recently completed calendar year, indigency may be declared if: 1) The person is currently receiving Temporary Assistance to Needy Families (TANF) benefits, 2) The person is currently receiving Supplemental Nutrition Assistance Program (SNAP) benefits. The provider shall install an interlock on that user's vehicle without charge, and seek reimbursement from the Indigent Fund. Any monetary charges, like a lockout or reset fee, is paid by the indigent user. Sources: 625 ILCS 5/11-501.01, Illinois Secretary of State.
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