In Illinois 2024, first-time DUI offenders must install a Breath Alcohol Ignition Interlock Device (BAIID) in their vehicle.
Unless a lawyer can find a valid defense to get out of the ignition interlock after a DUI arrest review, the only way to avoid getting a BAIID is to choose not to apply for reinstatement of your driving privileges. If you drive anyway, you’ll be charged with a Class 4 felony.
If you need to drive your employer’s car for work, you can apply for a work exemption by providing your employer’s information.
To remove your BAIID, you will need to obtain verbal permission from the Illinois Secretary of State.
Local DUI Lawyers Guide to Avoiding BAIID Installation in Illinois
Dealing with a recent DUI charge in Illinois? You’re likely staring down the potential requirement of a Breath Alcohol Ignition Interlock Device (BAIID) in your vehicle.
These devices can be costly, inconvenient, and a constant reminder of your mistake. But before resigning yourself to the BAIID, understand: you do have options to possible avoid the ignition interlock after a DUI arrest.
As seasoned DUI defense attorneys in Illinois with nearly 30 years of expertise specializing in this field of law, we have guided numerous clients through the complexities of fighting BAIID installation.
This local legal guide delves into the most effective strategies and unique considerations to maximize your chances of getting back on the road without a BAIID.
Understanding When a BAIID is Required
- First-time DUI: Illinois law mandates a BAIID for at least 30 days, followed by a monitoring period, for first-time offenders.
- Multiple DUIs: A BAIID becomes mandatory for several years, often paired with a Restricted Driving Permit (RDP).
Fighting the Ignition Interlock Requirement Through Weaknesses in a Case
While overcoming a DUI charge entirely is ideal, it’s important to focus on weakening the case to potentially avoid the BAIID requirement. Here are key strategies:
- Challenge the Stop: Was the traffic stop justified? If the officer lacked probable cause, the entire case and potential BAIID requirement could be thrown out.
- Contest Field Sobriety Tests (FSTs): These tests are subjective and prone to error. A skilled lawyer can expose flaws in the administration or interpretation of the FSTs, potentially impacting the BAIID requirement.
- Question Breathalyzer/Blood Test Results: Did the officer follow proper protocol? Was the equipment calibrated correctly? Raising doubts about the test’s validity can weaken the case against you and potentially eliminate the need for a BAIID.
- Explore Hardship Exceptions: In specific situations, such as demonstrating extreme hardship (e.g., job loss due to the BAIID), you may be able to request an exception from the requirement.
Following a free review of the arrest with a skilled lawyer in the area, a person charged with DUI will learn the best case-specific defenses that work for ways how to avoid a BAIID installation after a first DUI or second offense in IL.
Case Study: Avoiding the BAIID Through Strategic Challenge
Client: Dennis, a truck driver facing a first-time DUI, feared losing his job and livelihood with a BAIID.
Strategy: We meticulously reviewed the arrest details and discovered inconsistencies in the officer’s FST administration.
By aggressively challenging the FSTs in court, we successfully cast doubt on the evidence, leading to a reduced charge without a mandatory BAIID.
Alternatives to BAIIDs: A Last Resort
If avoiding the BAIID entirely proves difficult, explore alternative options:
- Reduced BAIID Period: Your lawyer can negotiate with the court to potentially shorten the mandatory BAIID installation period.
- Occupational BAIID: In certain cases, an occupational BAIID may be permitted, allowing restricted driving only for work purposes.
Remember: Successfully navigating this legal minefield requires an experienced IL DUI lawyer in the area who understands the nuances of Illinois law and can fight strategically for your rights.
Don’t let a DUI and the prospect of a BAIID define you. Contact FightDUICharges today for a free consultation 24 hours 7 days a week. Let us help you fight for your driving privileges and a brighter future.
