Chicago Criminal Defense & Expungement Blog

Friday, October 23, 2015

The BAIID law that makes no sense

Pursuant to 625 ILCS 5/11-501 there are six different types of subcategories in which someone can be charged with DUI.  Subsection (a)(1) criminalizes driving with a breath alcohol content of .08 and subsection (a)(2) criminalizes driving under the influence of alcohol.  However, three out of the four remaining DUI subcategories do not involve alcohol at all.  The problem is that if a statutory summary suspension is imposed upon a first offender motorist he must install a Breath Alcohol Ignition Interlock Device in his car if he wants to drive during the term of his summary suspension.  The BAIID rule applies even to DUIs that do not involve alcohol.

By way of example: If a first offender is charged with driving under the influence of cannabis and wants to drive during his summary suspension he must apply for a Monitoring Device Driving Permit ("MDDP") and install a BAIID device in his car.  See 625 ILCS 5/11-501.1 & 625 ILCS 5/6-206.1.  The reason this rule does not make sense is that BAIID devices only detect alcohol and do not detect the presence of cannabis.  This means that a chronic user of cannabis may continue to use cannabis undetected as he drives during the term of his summary suspension.  Assuming the motorist intended to stay clean and drive safely he would still be required to pay for the BAIID in his vehicle even if he had never consumed a drop of alcohol in his life.

The foregoing rule lumps too many offenders into the same category.  It is virtually impossible to explain to a client who does not drink and was arrested for driving under the influence of cannabis why he must install a BAIID device in his vehicle if he wants to drive during his summary suspension.   




Law Office of Jason B. Stevens, P.C. has offices in Arlington Heights, IL and serves clients throughout the Chicago area, including: Cook, Lake, DuPage, McHenry, Kane and Will counties.



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