Monitoring Device Driver’s Permit

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Monitoring Device Driver’s Permit Attorney (MDDP)

The Kurash Law Firm represents clients who have had their driving privileges suspended or revoked because of a DUI arrest. As of 2009, Illinois has ceased handing out Judicial Driving Permits (JDPs) and are instead used Monitoring Device Driving Permits (MDDPs). These are used for drivers who are allowed to maintain their driving privileges during the course of their statutory summary suspension period that resulted from a DUI arrest.



To be eligible for an MDDP, it must be your first DUI offense. In addition, you also need to have a valid driver’s license and your DUI arrest could not have caused death or severe bodily harm to another. You must also have never previously been convicted of aggravated driving while under the influence that involved death and you must be 18 or older.


With an MDDP, you are allowed to drive any time, as long as you have a breath alcohol ignition interlock device (BAIID) that has been installed in your vehicle.


After you have had your suspension confirmed, you will receive information about the MDDP program from the Illinois Secretary of State. The information will include a section about the MDDP application program that you can return via mail or fax.

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When Will The MDDP Go Into Effect?

The MDDP will go into effect after the 31st day of the statutory summary suspension period. You will not be eligible for any relief during the first 30 days of the suspension. Once the MDDP has been issued, you will need to pay the BAIID administration fee, which is $30 per month. The BAIID will also need to be installed by a listed certified installation provider within 2 weeks of the MDDP being issued. After installation, the provider will let the Secretary of State know.


If you are not interested in the MDDP, you will need to petition the court with an “opt-out.” You will them be advised by the court of any penalties for driving while suspended.



You are able to cancel your participation in the MDDP program by giving written notice that surrenders your permit to the Secretary of State.

What Can Cause My MDDP To Be Canceled?

Your MDDP will be canceled if you are convicted or if you receive court supervision for any of the following offenses:



  • An offense in which alcohol or drugs was a part of the offense
  • DUI
  • Leaving the scene of an accident that results in serious injury or death
  • Reckless driving
  • Street racing or aggravated street racing


If you take out the BAIID without receiving authorization from the Secretary of State, your MDDP will be voided. If you do something that will violate and thus cancel your MDDP, your summary suspension will get extended or you can be re-suspended for twice as long as your original suspension length.

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What Are The Violations That Can Cause A Suspension Or Re-Suspension Of The Statutory Summary Suspension?

  • Having 10 or more unsuccessful attempts to start your car that has a BAIID installed within 30 days’ time
  • Having 5 or more unsuccessful attempts to start your car within a 24 hour period
  • Having a BAC of .05 or higher



If it has been determined by the Secretary of State that you have broken one of the MDDP rules or laws, they will enter an extension for three additional months. This extension will be in added to the original termination date of your suspension. There are no limits as to how many times your suspension may be extended or re-suspended.

What Happens If The Secretary Of State Believes There Has Been A Violation?

You will receive a letter that will require an explanation if the Secretary of State believes there has been a violation. You must respond to this letter within 21 days of the notice and if the response is not deemed to be sufficient, the Secretary of State will either cancel your MDDP, enter an extension of the statutory summary extension of re-suspend your statutory summary suspension.



You may challenge an extension or cancellation of the summary suspension by requesting a formal hearing before the Secretary of State within 30 days of receiving the cancellation or suspension notice and you must also pay the $50 hearing request fee.


If you have had three extensions of your summary suspension because of an MDDP violation, you will have your vehicle impounded. If you receive a fourth extension, your vehicle may be seized.

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What Are Any Additional MDDP Requirements?

You are only allowed to drive a vehicle that has a BAIID installed that is owned, leased, loaned or rented. You must also download the BAIID every 60 days.


A journal must be kept that documents any unsuccessful attempts to start the vehicle and must also include any test failures or any other problems you have had with the BAIID.


What Other MDDP Violations Are There?


If you do not pay the lease or rental fees to the BAIID provider and as a result, your BAIID is removed, your MDDP will be canceled by the Secretary of State. If you do not use the BAIID or if you do not submit a monitor report for your BAIID, you will receive an extension or re-suspension by the Secretary of State for three months.

Free Consultation With A Chicago DUI Defense Lawyer

The Kurash Law Firm can provide you with answers and solutions to your current situation. There is “No Fee” for your initial consultation. Call us at 630-908-7680 today to get started.

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