DUI lawyer Marilyn A. Miller wants you to know that eligible first-time DUI offenders who are arrested on or after January 1, 2009, have the option of obtaining a Monitoring Device Driving Permit by request to the Illinois Secretary of State.  The Monitoring Device Driving Permit replaces the Judicial Driving Permit.  The offender has the option of not participating in the program, but will have no other option for driving relief during the Statutory Summary Suspension.

Under Illinois law, the Monitoring Device Driving Permit allows the offender to drive after serving 30 days of the statutory summary suspension (which will either be 6 months or 12 months, depending on failure or refusal of Field Sobriety Test.  The MDDP requires that the offender install a Breath Alcohol Ignition Interlock Device in any vehicle the offender plans on driving during the term of the statutory summary suspension. The MDDP allows the offender to drive anywhere at anytime so long as the vehicle being driven has a BAIID installed (as opposed to the Judicial Driving Permit which restricted the offender to certain hours and certain destinations).  A Monitoring Device Driving Permit holder found driving a car without a BAIID during the statutory summary suspension will be guilty of a Class 4 felony. An offender who chooses not to obtain a Monitoring Device Driving Permit and is then caught driving during the statutory summary suspension will be guilty of a Class 4 felony.

A Monitoring Device Driving Permit will not allow a Commercial Drivers License holder to operate a Commercial Motor Vehicle during the offender’s statutory summary suspension.  Monitoring Device Driving Permit holders may be eligible for a work exemption if driving employer owned cars during the course of work hours and if the car is not specifically assigned to the offender.