Extension of suspension
If the Secretary of State determines that a BAIID violation has occurred (other than a violation resulting in the cancelation of the MDDP, the Secretary of State will enter an extension of the statutory summary suspension for a period of 3-months beyond the termination date of the original suspension. If the suspension has already terminated at the time of such determination, then the person will be re-suspended for a period of 3-months.
A suspension may be extended or re-suspended in 3-month increments without limit. However, multiple violations occurring within one monitoring period will not result in extensions of suspension or re-suspensions totaling more than six months, except for violations relating to using a product to prevent accurate readings or preventing the camera from taking a clear and accurate picture (in which case there is no limitation on the number of extensions of suspension). 92 Ill.Admin.Code sec. 1001.444(e)(8).
During any period of suspension (including an extension or re-suspension), the only driving relief available is an MDDP subject to BAIID requirements. See 625 ILCS 5/6-206.1(j). However, under the Secretary of State’s rules, a person may obtain another MDDP only once during any period of a suspension extension or re-suspension. 92 Ill.Admin.Code sec. 1001.444(a)(6).
Impoundment, seizure, and forfeiture
A person who has violated the law governing the BAIID while on an MDDP which results in three extensions of the person’s summary suspension shall have his or her vehicle impounded for 30 days at the person’s own expense. A violation resulting in a fourth extension will subject the person to seizure and forfeiture of the vehicle. The Secretary of State is required to notify the prosecuting authority of third and fourth violations, upon which the prosecuting authority is required to impound or seize and forfeit the vehicle, as applicable. 625 ILCS 5/6-206.1(k).
Secretary of State action upon determination of a violation
If the person commits a violation under 625 ILCS 5/6-206.1(c-1), the MDDP will be canceled. If the person’s MDDP has already expired prior to receipt of notice of the violation, then the person’s privileges will be re-suspended, and the person will thereafter be required to seek relief before the Secretary of State as noted above. See the section on Sanctions for BAIID Violations above. Also, see 92 Ill.Admin.Code sec. 1001.444(e)(1).
If evidence shows sufficient reason to believe that a violation of 625 ILCS 5/6-206.2 (relating to operation of a vehicle not equipped with a BAIID, requesting another person to start a vehicle with a BAIID to enable the offender to operate the vehicle, or tampering with or circumventing a BAIID) has occurred, the Secretary of State will cancel the MDDP. If the statutory summary suspension has already terminated when the Secretary of State receives the report of a violation, the Secretary of State will re-suspend the person for 3-months. 625 ILCS 5/6-206.1(h); 92 Ill.Admin.Code sec. 1001.444(e)(1).
If there is a violation of the provisions relating to 10 or more unsuccessful attempts to start the vehicle within a 30-day period, five or more unsuccessful attempts to start the vehicle within a 24-hour period, or a single BrAC reading of 0.05 or more, the Secretary of State will extend the suspension or re-suspend the person for 3-months. If the evidence shows multiple violations, each determined violation will require a separate three-month extension of suspension or re-suspension. See 625 ILCS 5/6-206.1(h); 92 Ill.Admin. Code sec. 1001.444(e)(3).
As stated above, multiple violations occurring within one monitoring period will not result in extensions of suspension or re-suspensions totaling more than six months except for violations relating to using a product to prevent accurate readings or preventing the camera from taking a clear and accurate picture (in which case there is no limitation on the number of extensions of suspension). 92 Ill.Admin.Code sec. 1001.444(e)(8).
If there is a violation §6-206.1 relative to completion of a running retest, the Secretary of State will extend the suspension or re-suspend the person for 3-months. See 625 ILCS 5/6-206.1(h); 92 Ill.Admin.Code sec.1001.444(e)(4).
In all of the above cases, the Secretary of State will send a letter requesting an explanation of the specified violation. The Secretary of State must receive a response that reasonably assures the Secretary of State that no violation occurred within 21 days of the notice date. If the response does not so reasonably assure the Secretary of State that no violation occurred, the above-specified sanctions will be imposed. See 92 Ill.Admin. Code secs. 1001.444(e)(2) – 1001.444(e)(4).
Other MDDP violations and sanctions
If the person fails to pay lease or rental fees due to the BAIID provider, resulting in the removal of the device, the Secretary of State will cancel the monitoring device driving permit. 92 Ill.Admin.Code sec. 1001.444(e)(5).
If the monitor report shows a failure to utilize the BAIID as required or if the person fails to submit a BAIID for a monitor report, the Secretary of State will extend the suspension or re-suspend the person for 3-months. 92 Ill.Admin.Code sec. 1001.444(e)(6).
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