Provides that the Secretary of State shall require the use of ignition interlock devices for a period not less than 5 consecutive years on all vehicles owned by a person who has been convicted of a second or subsequent offense of driving under the influence of alcohol, other drugs, intoxicating compounds, or any combination. Provides that a person convicted of a second or subsequent violation of driving under the influence of alcohol, other drugs, intoxicating compounds, or any combination, or where the use of alcohol or other drugs is recited as an element of an offense, may not make application for a driver’s license until he or she has first been issued a driving permit by the Secretary , and the expiration of a continuous period of not less than 5 years following the issuance of the driving permit without suspension, cancellation, or revocation of the permit, or violation of a regulation requiring use of an ignition interlock device.
The Secretary of State has made major changes to the permit that a BAIID Multiple Offender (BMO) can receive when requesting driving relief. One change is that when a client applies for driving relief and they are a 5 -Year BMO, hardship no longer applies. What that means is that regardless of a client’s revocation eligibility date they are no longer required to prove a hardship if they go to a hearing before their eligibility date. They also are no longer required to get a Restricted Driving Permit (RDP) for employment, education etc. As long as the client meets their burden at the hearing of proving they are no longer a danger to get behind the wheel, they will be granted a BAIID Multiple Offender Permit (BMOP). The permit will allow them to drive for 6 days (of the client’s choosing) for 12 hours a day (of the client’s choosing) within 200 miles of their home for whatever reason they want. This means they can drive to a friend’s house, go to work, go grocery shopping etc. The only requirement is that they are driving with a BAIID machine in their car. This is a big change to the rules. This change also applies to a client who is not a BMO who is revoked and PAST their eligibility date. However, if a non-BMO client goes to a hearing prior to their eligibility date the old rules apply. They will have to prove a hardship, (i.e. lose their job if they cannot drive) and will be given the old RDP for employment etc. and the 6 day 12 hour BMOP will not be available to them. Also, if your client has a lifetime revocation then the old RDP rules apply and they are not eligible for a BMOP.
Here are some examples that may help clear up any confusion:
• Client is a BMO and their eligibility date has passed. They do not have to prove a hardship and are eligible for the BMOP.
• Client is a BMO and their eligibility date is still in the future. They do not have to prove a hardship and are eligible for the BMOP.
• Client is NOT a BMO and their eligibility date has passed. They do not have to prove a hardship and are eligible for the Probationary Permit.
• Client is NOT a BMO and their eligibility date is still in the future. They do have to prove a hardship and are not eligible for a Probationary Permit.
• Client has a lifetime revocation. They do have to prove a hardship and are not eligible for a Probationary Permit