The BAIID Program for Illinois Restricted Driving Permits

For individuals who have received a Restricted Driving Permit (RDP) in Illinois following multiple DUI convictions or a lifetime revocation, a permit is often conditioned on participation in the Breath Alcohol Ignition Interlock Device (BAIID) Program. For many revoked drivers, this program is an essential component of the process for regaining limited driving privileges through the Illinois Secretary of State.

This page provides a basic overview of the BAIID program as it applies to RDP holders, while outlining the obligations and procedures that are placed on participants.

Overview of the BAIID Requirement

An individual classified as a BAIID petitioner may only retain a Restricted Driving Permit (RDP) if a BAIID is installed and maintained in their vehicle. For those with a lifetime revocation, this requirement is absolute—driving relief is only possible with a functioning BAIID during a hardship permit.

In cases where an applicant has two or three DUI convictions, the Secretary of State categorizes this class of individuals as “BMO Petitioners.” When a permit is approved for a BMO petitioner, the BAIID must be installed and maintained for a period of 1,826 consecutive days (approximately five years) on every motor vehicle registered in the individual’s name, whether solely or jointly.

It is important to note that agreeing to the installation of a BAIID does not guarantee the issuance of driving relief. The Secretary of State will still assess whether driving relief is appropriate during a formal hearing.

Conditions of Installation and Use

After a hearing, the Secretary of State will issue a restricted driving permit to an applicant who has completed all requirements for a permit after a favorable decision. Upon receipt of the permit in the mail, the BAIID must be installed within 14 days of the issuance date of the permit on any vehicle operated or registered in the petitioner’s name. The Secretary of State may cancel a permit for failure to install the device in the required time frame.

If a permit is conditioned upon use of the BAIID, a permit holder is generally prohibited from operating any vehicle not equipped with the device.  In some cases, the Secretary of State may approve a limited employment exemption for work-related vehicles when necessary. If a work exemption exists, it is explicitly noted on the permit.

If a BAIID permit holder is stopped by the police while driving without a BAIID device, the police may charge the individual with a criminal offense under 625 ILCS 5/6-206.2. In addition to criminal penalties, the Illinois Secretary of State may cancel the RDP, as well as extend the suspension or revocation period.

Monitoring, Maintenance, and Reporting

After the BAIID is installed, the first monitor report must be completed within 30 days. After the initial report, a BAIID permit holder must return to the installer every 60 days thereafter for calibration and continued monitoring. These reports are used to track compliance and ensure proper device functionality.

If the BAIID signals a service or inspection notification, the individual must bring the vehicle, or the appropriate part of the device, to the installer within five working days. If a permit holder ignores a service notification, the vehicle may become inoperable until serviced and may lead to cancellation of driving relief.

Monitor reports may trigger requests for additional information from the Secretary of State’s office. Some key scenarios that may prompt an inquiry by the Secretary include the following:

• Ten or more unsuccessful attempts to start the vehicle after the initial monitor report
• Readings of 0.05 or higher (multiple readings can trigger a 24-hour lockout)
• Failure or refusal to complete a running retest
• Evidence of tampering or attempted circumvention of the device

In these cases, the Secretary of State will issue a letter requesting an explanation. A written response is required within 21 days of the date of the Secretary’s letter. Failure to respond, or an inadequate response, will be added to the individual’s record of performance and may be used as evidence in future hearings.

Alcohol Readings and Presumptions

If a monitor report shows a reading of 0.05 or more or a pattern consistent with alcohol consumption, a rebuttable presumption is created that alcohol has been consumed. If the individual is under an abstinence requirement, such a result may lead to cancellation of an RDP.

The same rule applies to failed or skipped running retests. In each instance, a failure to respond satisfactorily to inquiries from the Secretary of State will negatively affect the BAIID record and may affect future driving relief.

Violations and Immediate Cancellations

Driving relief under the BAIID program may be cancelledif:

• Law enforcement reports indicate that the individual operated a vehicle not equipped with a BAIID
• The device is removed or disabled without prior notice to the Secretary of State
• An installer or monitor report confirms tampering or unauthorized circumvention of the device

If any of these violations occur, the RDP may be confiscated by law enforcement, and the right to drive under the BAIID program is revoked.

Financial Responsibility and Program Costs

All costs associated with the installation, maintenance, and monitoring of the BAIID are the responsibility of the participant. This includes the following costs of BAIID participation:

• Device installation and calibration fees
• Periodic monitoring and servicing fees
• Costs related to any lockout, malfunction, or service call
• Payment of the annual DUI Administration Fund Fee, which must be paid in full on an annual basis before driving relief is issued

The Secretary of State does not assume any financial responsibility for BAIID-related expenses, such as installer or maintenance costs. 

Wirth Law: Free Consultations

Wirth Law works with clients to prepare for formal hearings and understand the obligations of the BAIID program in Illinois. Professional legal guidance helps reduce the risk of unintentional violations, false positives, and increases the likelihood of long-term success while participating in the BAIID program.

With offices in Chicago and Naperville, our office serve clients throughout the greater Chicagoland area. Wirth Law regularly assists individuals in Cook, Will, Kane, Kendall, Lake, Kankakee, Dekalb, and Winnebago Counties, offering dedicated representation to those facing complex driver’s license suspension or revocation issues. Wirth Law also represents out-of-state residents who have an Illinois hold on their driving privileges, helping clients across the country navigate the process of clearing their Illinois record so they can drive legally again.

Our practice is known for its exceptional client service and strong record of success in DUI defense and license reinstatement matters. Jennifer Wirth, managing attorney, has received multiple awards recognizing her commitment to client advocacy, including perfect “10” ratings on Avvo and Justia, the Martindale-Hubbell Client Champion Award, and selection as one of the top DUI defense attorneys in Chicago by Expertise.com. Her approach to legal representation is grounded in professionalism, compassion, and an in-depth understanding of Illinois Secretary of State hearing procedures.

To schedule a free consultation, please contact our office at (312) 761-8290 or email us directly at jennifer@wirthlaw.org.

Further Reading: Illinois Driver’s License Reinstatement

• Practice Area: Driver’s License Reinstatement
• Step-by-Step: The Illinois License Reinstatement Process
• Understanding DUI Revocations in Illinois
• The PDPS: Out-of-State Residents Facing a Driver’s License Hold for an Illinois DUI
• Types of Driving Relief after an Illinois Driver’s License Revocation
• Common Reasons for Denial at Illinois Driver’s License Reinstatement Hearings
• Driving on a Suspended or Revoked License in Illinois
• Understanding DUI Evaluations and Recommended Interventions
• Reckless Homicide and Driver’s License Reinstatement in Illinois
• Illinois Hardship Permits: A Brief Overview
• Law Library: DUI & License Reinstatement Law
• Understanding the BAIID Program in Illinois
• Lifetime Revocations