DUI FAQs

Question: What do I do if I don’t own a car to have the BAIID installed in? I have been approved for a RDP in Illinois. The letter the Sec. of State sent me says I must meet any and all requirements of the Office of the Secretary of the state as well as the terms and conditions of the BAIID and be in receipt of said RDP. I do not own a car but plan to use friends car to go to work. What do I do? Can I not drive a friends car without BAIID installed? Why must I have BAIID?

Answer: If you don’t have a car, your best bet would be to decline issuance of your permit until you can get a car because if you don’t have a car to install the BAIID and the 14 day requirement expires then your permit will be cancelled by the Secretary of State “SOS”. Have your friend drive you to work until you can acquire a car from possibly a family member. Then reapply for the permit.

Question: CAN I NOT DRIVE A FRIEND’S CAR WITHOUT BALLD INSTALLED? WHY MUST I HAVE BAIID?

Answer: No, you cannot drive a friend’s car without BAIID installed. A person issued a MDDP, or RPD as you stated above, “…must, at his or her own expense, drive only vehicles equipped with an ignition interlock device (which is a BAIID).” See 625 ILCS 5/6-206(1). Thus, you cannot drive a friend’s car without a BAIID installed in this case because the statute requires for you to have the BAIID installed. If your friend will allow you to have the device installed in their car you will be in compliance under the statute, but this type of situation would require your friend to use the BAIID to use the car, which could turnout bad for several reasons. Also, you need to consider the other procedures you will need to comply with regarding the BAIID. You must maintain your BAIID reports. For example, you will be required to have the BAIID continuously updated and downloaded, which maybe a problem if the BAIID is not installed on your own car.

Moreover, if you don’t have a car, your best bet would be to decline issuance of your permit until you can get a car because you only have 14days from when you received the letter from the SOS. The SOS states, “The offender must have an ignition interlock device installed within 14 days of the date the Secretary issues the MDDP.” See 625 ILCS 5/6-206(1). Failure to comply will result in cancellation, which means you would not be able to get another chance to receive a driving permit.

Furthermore, if you do not have a car, your best bet would be to decline issuance of your permit until you can get a car because if you do not have a car to install the BAIID within the 14 days, your permit will be canceled. It is easy to decline issuance. The SOS states, “The notice shall also include information summarizing the procedure to be followed if the person wishes to decline issuance of the MDDP. See 625 ILCS 5/6-206(1). After voluntarily terminating participation, a person may only re-enroll once. 92 Ill Adm Code § 1001.444(a)(6).” Therefore, if you wait by voluntarily terminating your participation at this time, you may reapply later in your suspension period once you are able to acquire your own car.