Understanding MDDP Permits in Illinois

For many first-time DUI offenders in Illinois, the Monitoring Device Driving Permit (MDDP) provides a critical opportunity to maintain limited driving privileges during a statutory summary suspension. At Wirth Law, with offices in both Chicago and Naperville, we help Illinois drivers navigate driver’s license suspensions and revocations to get them legally back on the road as soon as possible.

This guide explains what the MDDP law is, its legal and legislative background, who qualifies for an MDDP, and how the program is monitored. It also highlights how participation in the MDDP program can impact long-term reinstatement eligibility for those who eventually face revocation.

What Is the MDDP Law?

The Monitoring Device Driving Permit (MDDP) is a permit issued by the Illinois Secretary of State that allows eligible drivers to operate a vehicle equipped with a Breath Alcohol Ignition Interlock Device (BAIID) during a statutory summary suspension for DUI. The program is governed by 625 ILCS 5/6-206.1 and is available to qualifying first-time DUI offenders. Once approved, the driver must install a BAIID on any vehicle they intend to operate. The device prevents the vehicle from starting if it detects a blood alcohol concentration over a set threshold and also requires random retests while driving.

To qualify, the driver must be a “first offender” as defined under 625 ILCS 5/6-206.1(a) and 625 ILCS 5/11-500. This does not necessarily mean the driver has never been arrested for DUI before. Instead, it means the person has not had a DUI conviction, supervision, or statutory summary suspension within the five years preceding the current DUI arrest. For example, a DUI-related suspension or supervision from six years ago would not disqualify someone under the MDDP law, but a similar event within the past five years would. Eligibility also depends on other factors, such as whether the DUI involved death or serious injury, or whether the driver holds a commercial license.

History: Judicial Driving Permits Before the MDDP

Before the enactment of the MDDP law, first-time DUI offenders in Illinois had to petition the court for a Judicial Driving Permit (JDP). The JDP was a more limited option that provided a driver with a limited permit for employment, medical, or educational reasons.

In response to criticism of the old Judicial Driving Permit (JDP), the Illinois General Assembly created the Monitoring Device Driving Permit (MDDP) program to improve public safety through consistent alcohol monitoring. The change became effective on January 1, 2009, with the passage of Public Act 95-0400.

The MDDP program expanded the limited driving purposes of the JDP, while also shifting oversight from the courts to the Secretary of State. It also required the use of a Breath Alcohol Ignition Interlock Device (BAIID) for all eligible drivers. This reform aimed to reduce repeat DUI offenses while still providing monitored driving privileges.

MDDP Expansion of Driving Privileges

Unlike the former JDP, the MDDP allows qualifying first-time DUI offenders to drive anywhere and at any time—24 hours a day, 7 days a week. However, the MDDP requires that a driver only operate vehicles equipped with a Breath Alcohol Ignition Interlock Device (BAIID) and remain in full compliance with all monitoring requirements. With these conditions met, MDDP participants can legally drive for work, errands, medical appointments, social activities, or any other lawful purpose.

There are important limitations to keep in mind when driving on an MDDP. The driver may not operate any vehicle that is not equipped with a BAIID, even if it belongs to someone else. Violating this rule or attempting to circumvent the BAIID system can result in serious consequences, including cancellation of the MDDP, extension of the suspension, or even new criminal charges under 625 ILCS 5/6-206.1(j). In cases where a participant’s job requires the use of a company vehicle without a BAIID, the driver must apply for a specific employer exemption in order to legally operate that vehicle.

Who Qualifies for an MDDP?

To be eligible for an MDDP in Illinois, an individual must meet the following criteria:

• Be 18 years of age or older.
• Be classified as a first-time DUI offender, as defined by 625 ILCS 5/11-500.
• Be subject to a statutory summary suspension under 625 ILCS 5/11-501.1.
• Have a valid driver’s license at the time of the DUI arrest.
• Not have caused death or great bodily harm in the incident leading to arrest.
• Not have been previously convicted of reckless homicide or aggravated DUI resulting in death.
• Not be otherwise disqualified due to other license sanctions (e.g., current suspension, revocation, or cancellation unrelated to DUI).
• Not hold a Commercial Driver’s License (CDL) at the time of the offense.

Who Does Not Qualify for an MDDP?

A person does not qualify for an MDDP if any of the following factors exist:

• They are under 18 years of age.
• They are not classified as a first offender under Illinois DUI law.
• They were driving a commercial motor vehicle at the time of the DUI arrest.
• They possess a Commercial Driver’s License (CDL), even if driving a personal vehicle.
• The DUI offense resulted in death or great bodily harm.
• They have a previous DUI conviction or supervision within the last 5 years.
• Their driving privileges are otherwise invalid or revoked at the time of the DUI arrest.
• They are ineligible due to other pending criminal charges or administrative sanctions.
• They fail to comply with BAIID program rules or installation requirements.

MDDP Credit Toward Reinstatement Eligibility

While the MDDP is specifically designed for statutory summary suspensions, it can also impact long-term reinstatement eligibility if a driver later faces a driver’s license revocation for the underlying DUI. Under 625 ILCS 5/6-208.1(d), time spent driving on an MDDP with a properly installed and maintained BAIID can be credited toward the minimum period of revocation required for reinstatement eligibility.

For example, if an individual is later convicted of underlying DUI and their license is revoked, any time they legally operated a vehicle under the MDDP may count toward the statutory minimum period they must wait before applying for full reinstatement. This can be a significant advantage, especially for those trying to reduce the waiting period before reinstatement eligibility with the Secretary of State.

Monitoring, Violations, and Consequences

Once an MDDP is issued, the individual must have a BAIID installed on every vehicle they intend to operate. While driving, the BAIID device does the following:

• Requires the driver to blow into the device before the engine will start.
• Requires periodic “rolling retests” while the vehicle is in motion.
• Logs all activity, including start attempts, breath samples, missed retests, tampering, and disconnections.

The Illinois Secretary of State’s BAIID Division monitors all data collected through the BAIID and issues compliance reports. If a violation is detected, the Secretary of State can take administrative action, including extension of the suspension period, cancellation of the MDDP, or imposition of further sanctions.

Consequences for Monitoring Violations

The BAIID program can be violated by various acts. Violations include, but are not limited to the following conduct:

• Attempting to start the vehicle with a BAC of 0.05 or higher.
• Failing a rolling retest.
• Missing a scheduled data upload.
• Tampering with or removing the device.
• Operating a vehicle without a BAIID.

Under 92 Illinois Administrative Code §1001.444 and 625 ILCS 5/6-206.1(j), violations can lead to:

• Immediate cancellation of the MDDP.
• Additional periods of license suspension.
• Denial of future permits.
• Extended wait times for reinstatement eligibility.

Drivers must take the program seriously. A single violation can undo the benefits of MDDP participation and significantly complicate the reinstatement process.

Free Consultations

At Wirth Law, we understand that dealing with a DUI arrest can be overwhelming. If you’re facing the loss of your driving privileges, we are here to help. With offices in Chicago and Naperville, we offer free consultations, competitive pricing, flat rates, and a long-term track record of successful driver’s license reinstatement cases.

To schedule a free consultation, call our office at (312) 761-8290 or complete our contact form.