BAIID violations Lawyer Manual

The Secretary of State is charged with the promulgation of administrative rules to implement the MDDP law. The Secretary of State also has the statutory authority conduct hearings challenging an alleged violation that results in an extension of the statutory summary suspension or cancellation of the MDDP. In order to request a hearing, the person must submit the request in writing together with a fee of $50. Hearings will be held under the rules found at 92 Ill.Admin. Code sec. 1001.10, et seq. See also 625 ILCS 5/2-118, 5/6-206.1(g), 5/6-206.1(j).

There are several general areas defined by the statute that may be the basis for MDDP violations, including:

1. tampering or attempting to tamper with or circumvent the BAIID;
2. providing a valid breath sample that registers blood alcohol levels in excess of the number of times allowed under Secretary of State rules;
3. failure to provide evidence to the Secretary of State that the BAIID has been installed in the person’s vehicle(s); and
4. failure to follow any applicable rule adopted by the Secretary of State. 625 ILCS 5/6-206.1(h).

The Secretary of State rules governing violations provides that the following will constitute a violation of the BAIID program:

1. a conviction or court supervision for any of the offenses listed in 625 ILCS 5/6-206.1(c-1) (including violations of similar provisions of a local ordinance, a similar out-of-state offense, or any offense involving a motor vehicle for which alcohol or drugs is an element of the offense other than an offense for which the MDDP was issued). See paragraph entitled Traffic Violations Resulting in Cancellation of the MDPP above;
2. tampering or attempting to tamper with or unauthorized circumvention of the BAIID, including the use of any product intended to prevent accurate readings by the BAIID;
3. a violation of 625 ILCS 5/6-206.2;
4. 10 or more unsuccessful attempts to start the vehicle with a BAIID installed within a 30-day period, excluding a BrAC reading of 0.05 or more;
5. 5 or more unsuccessful attempts to start the vehicle within a 24-hour period excluding a BrAC reading of 0.05 or more;
6. a BrAC reading of 0.05 or more;
7. failing a running retest or failing to take a running retest;
8. removing the BAIID without authorization from the Secretary of State;
9. failing to utilize the BAIID as required;
10. failing to submit a BAIID for a monitor report in a timely manner;
11. preventing the camera from taking clear and accurate photos of the person blowing into the mouthpiece. See 92 Ill.Admin.Code sec.1001.444(d).