Issuing the MDDP Lawyer Manual

Eligibility for issuance of an MDDP

In order to be eligible for an MDDP, a person must be a first offender as defined under 625 ILCS 5/11-500. If the person is a statutory summary suspension second offender, he or she is not eligible for any form of driving relief. The Secretary of State may not grant the MDDP if:

1. the person does not otherwise have a valid driver’s license;
2. the current arrest for DUI involves death or great bodily harm;
3. the person has previously been convicted of reckless homicide or aggravated DUI involving death, or
4. the person is less than 18 years of age. 625 ILCS 5/6-206.1(a).

If a person is issued an MDDP and their driving privileges are after that suspended, revoked, canceled, or otherwise become invalid, the MDDP also becomes invalid, and it must be surrendered to the Secretary of State. If the person then wishes to seek any driving relief, a petition must be filed with the Secretary of State for a restricted driving permit (RDP) and comply with all applicable rules. If granted an RDP, the person will be subject to BAIID requirements.

Note: this includes individuals who would otherwise not have been required to have a BAIID while driving on an RDP. Accordingly, when representing a client who is not otherwise required to have a BAIID RDP, it is advisable to continue the DUI matter to a date after the SSS ends (and the MDDP has therefore expired) or to first surrender the MDDP to the Secretary of State in order to avoid a revocation and cancellation while the MDDP is still in effect, which would otherwise subject the person to BAIID requirements unnecessarily.

This policy appears to be contrary to the provisions of 625 ILCS 5/6-206.1(c-1), which provides for cancellation for offenses “other than the one for which the MDDP is issued.”

If the “invalidation” is removed, the person may obtain another MDDP for the balance of the period of suspension unless the MDDP has been canceled for a traffic violation as provided in 625 ILCS 5/6-206.1(c-1). See 92 Ill.Admin.Code sec. 1001.444(a)(4); 92 Ill.Admin.Code sec. 1001.444(5).

Application process

The issuance process for a monitoring device driving permit is largely automatic. Unless the Secretary of State receives a form indicating that the person has opted out of the MDDP program from the court of venue, then at the time of (or shortly after) the mailing of the confirmation of the statutory summary suspension, the Secretary of State will forward a notice describing the MDDP program to the person. The notice will contain a tear-off section entitled “MDDP Program Application” that the must be returned to the Secretary of State. If the Secretary of State does not receive this document, it will send a follow-up reminder notice to the person.See 625 ILCS 5/6-206.1(a); 92 Ill.Admin.Code sec. 1001.444(a)(1). 

Procedure upon issuance

Upon issuance of the MDDP the Secretary of State will:

1. request a BAIID administration fee of $30 per month; and
2. require that the person shall have the BAIID installed within 14 days of the issuance of the MDDP.

Failure to comply with these requirements will result in cancellation of the BAIID. See 625 ILCS 5/6-206.1(a); 92 Ill.Admin.Code sec. 1001.444(b)(1). 

Reciprocity with other states

If an Illinois driver commits an offense in a foreign state and that state imposes BAIID requirements on such driver or if a foreign state driver imposes BAIID requirements on its own licensed driver for an offense committed in another state, Illinois will give reciprocal recognition to such requirements. 92 Ill.Admin.Code sec. 1001.444(m).

Confidentiality

A record of the issuance of the MDDP will not appear on the person’s public driving record. This is consistent with the confidentiality provision that the statutory summary suspension for a first offender will not appear on the public driving record. 625 ILCS 5/6-206.1(d); 625 ILCS 5/11-501.1(e).

Indigents

Financially disadvantaged persons seeking issuance of an MDDP may qualify for indigence status if his or her monthly income is 150 percent or less of the federal poverty guidelines, as evidenced by a copy of his or her federal or state tax return for the most recent calendar year;

If the person has not filed a federal or state tax return, such person may obtain indigence status if:

1. currently receiving Temporary Assistance for Needy Families (TANF) as demonstrated by documentation from the Illinois Department of Human Services (IDHS); or
2. currently receiving Supplemental Nutrition Assistance Program (SNAP) benefits as demonstrated by documentation from the IDHS. See 92 Ill. Admin. Code Sec. 1001.444(l)(4).

Indigence status is valid for the period of the permit. If the suspension is extended and the person desires to continue driving on the MDDP then a reapplication as an indigent is required. 92 Ill.Admin.Code sec. 1001.444(l)(5).

BAIID providers are required to install the device without charge for a person with indigence status. The provider may then seek reimbursement from the Indigent BAIID Fund administered by the Secretary of State. This fund receives its monies from the BAIID providers in the form of 5% of gross revenues collected by them. 625 ILCS 5/6-206.1(c-5); 92 Ill.Admin.Code sec.1001.444(l)(1).

The provider is prohibited from charging a person any fees except for a security deposit that does not exceed the cost of one month’s rental (limited to one vehicle per person). See 92 Ill.Admin.Code sec. 1001.444(b)(2)(C).