If you've been charged with a DuPage DUI - or a DUI anywhere in Illinois for that matter - the chances are that you also received a Statutory Summary Suspension. Although there are many ways to get this summary suspension thrown out or "rescinded" sometimes, despite the best efforts of your DUI Defense Lawyer, the judge will not rescind the summary suspension. When this occurs, first-time offenders are eligible for a Monitoring Device Driving Permit in Illinois (MDDP). The "monitoring device" is called a "BAIID."
BAIID is short for “breath alcohol ignition interlock device.” These machines are installed at your expense by companies approved by Illinois Secretary of State Jesse White. The BAIID requires a driver to blow into the device when they first start their car.
A driver of a BAIID vehicle must retest within the first 5 to 15 minutes, and when driving for longer periods of time the driver must also test about twice every hour. The device records each test and any violation is reported to the monitoring agency. The BAIID will not allow the car to be started if it detects a BAC of .025 or greater.
If during operation it detects a BAC of greater than .025, then a warning signal will be emitted, and after coming to a complete stop the car cannot be re-started until the driver has a BAC of less than .025.
BAIID devices utilize “fuel cell technology” to measure the presence of alcohol in the sample chamber. Fuel cells, like many breath alcohol devices have limitations, specifically when it comes to discerning ethyl alcohol from other alcohols:
A fuel cell is a device designed to continually convert fuel and an oxidant into direct current. As used for breath testing, alcohol is used as the fuel and oxygen from the atmosphere as the oxidant. Alcohol is converted in the fuel cell to acetic acid, producing two electrons for each alcohol molecule. These electrons produce an electrical current that serves to quantitate the amount of alcohol. Acetic acid further reacts at a much slower rate to form oxygen, carbon dioxide and water…Fuel cells can potentially respond to other alcohols such as methyl-, isopropyl-, and n-propyl alcohol, and to acetaldehyde.
It is important to know this because if you are ever charged with a BAIID violation the problem may be as simple as knowing that the device registered for ethyl alcohol (beverage alcohol) when the actual triggering substance was something else.
Sometimes, as part of a plea agreement, DUI offenders may be required to install a BAIID as part of their sentence. This could mean that the BAIID is installed for longer than just the period of the Statutory Summary Suspension. In my experience as a DUI defense lawyer in Wheaton, I have seen an increase in the use of BAIID in sentencing particularly in Naperville DUI cases. If you've been charged with a DUI and would like to discuss your case please feel free to call the Law Offices of Brent M. Christensen at 630-665-5965, for a free, no-obligation consultation.
As one who concentrates his law practice exclusively in the field of DuPage DUI Defense, I am always interested in the data that claims to support the enforcement of DUI laws. There has yet to be a serious study on the effect of lowering the legal limit for DUI to .08. In any case here are the data for 2010.
2010 Alcohol Impaired Driving Fatalities (AIDF) Data
|Total Alcohol Impaired Driving Fatalities||297|
|Under 21 Alcohol Impaired Driving Fatalities||39|
2010 Alcohol Impaired Driving Fatalities per 100,000 Population
|Alcohol Impaired Driving Fatalities per 100K pop||2.3|
|Under 21 Alcohol Impaired Driving Fatalities per 100K pop||1.1|
2000-10 Change in Alcohol Impaired Driving Fatalities per 100K pop
|10-year Change in Alcohol Impaired Driving Fatalities per 100K pop||-41.1%|
|10-year Change in Under 21 Alcohol Impaired Driving Fatalities per 100K pop||-48.5%|
Percent of Alcohol-Impaired Driving Fatalities Involving high BAC drivers (.15+)
|BAC = .15+||73.9%|
Percent of Drivers in Fatal Drunk Driving Crashes Involving Repeat Offenders w/BAC .15+
|BAC = .08-.14||26.7%|
|BAC = .15+||73.3%|
2008-09 12-20 Year Old Alcohol Consumption (latest available)
|Past Month Alcohol Consumption||28.4%|
|Binge Drinking in Past 30-days||19.6%|