Can a BAIID Violation Delay Your Full License Reinstatement?

 Posted on August 12, 2025 in DUI

Suppose you lost your full driving privileges because of a DUI conviction in Illinois and are working toward reinstating your driver’s license. In that case, a Breath Alcohol Ignition Interlock Device (BAIID) is often an integral part of the process. What happens if the device records a violation, such as a failed breath test or a tampering attempt?

Even one single BAIID violation can cause serious delays in having your license reinstated. Whether you are currently on a Restricted Driving Permit or preparing for your formal reinstatement hearing, you must understand how the Illinois Secretary of State handles BAIID violations. A Kane County, IL license reinstatement attorney can help ensure you get your driver’s license reinstated as quickly as possible.

Who Must Use a Breath Alcohol Ignition Interlock Device?

In the state of Illinois, a BAIID is required for anyone convicted of DUI, those with a Restricted Driving Permit (RDP) following multiple DUI or statutory summary suspensions, and those under a judge’s order. The BAIID requires the driver to submit an initial breath test to start the vehicle, along with random tests throughout the drive.

First-time DUI offenders in the state can obtain a Monitoring Device Driving Permit (MDDP), which requires the installation of a BAIID. In all cases, a BAIID is installed by an approved provider. The device must be maintained for a specified period – in some cases, several years – and the driver must pay a monthly fee that can range from $65 to $120 per month, along with an installation fee.

What is a BAIID Violation?

There are a number of violations that can count against the driver in a variety of ways. These include:

• Trying to have someone else blow into the device
• Tampering with the BAIID
• Disconnecting the device
• A BAC reading of 0.025 or higher
• Missed rolling retests
• Starting test refusals
• Frequent "power loss" events or missed downloads
• Multiple failed attempts (usually 10 or more unsuccessful attempts to start the vehicle)

What Happens After a BAIID Violation is Detected?

Following a BAIID violation, the Illinois Secretary of State will review the data and then send a violation letter to the driver. The driver may be required to submit a written explanation and attend a follow-up hearing. All violations are documented in the driver’s file, and when it is time for a reinstatement hearing, the violations will be reviewed.

Depending on the situation, one or multiple BAIID violations may delay eligibility for full driver’s license reinstatement. The driver’s RDP period could be extended, or the reinstatement could be denied altogether. Multiple or serious BAIID violations may require restarting the process, and repeat violations could result in the cancellation of the Restricted Driving Permit.

Are There Defenses Your Attorney Can Present at the SOS Hearing?

Every situation is different, but in some cases, there are valid reasons for BAIID violations. The equipment may be faulty or have calibration issues. Power failures could be due to vehicle battery issues, or the driver may have a medical condition that affects their breath readings. If the problem lies in the device, documentation from a repair shop or BAIID vendor can help support the defense.

Never ignore a BAIDD violation letter, and always respond by the deadline. Have documentation or evidence that supports your defense, and always contact a DUI/SOS hearing attorney who can help you prepare a solid written response to the violation. Continue to use your BAIID as required to avoid any further violations.

Contact a DuPage County, IL DUI Defense Lawyer

While a BAIID violation might seem like a minor setback, it can halt your path to full license reinstatement. If you are preparing for a Secretary of State hearing following a violation notice, you can benefit significantly from consulting with a Naperville, IL DUI attorney from the Law Office of Patricia Magaña, LLC. Attorney Magana is highly experienced and will work hard to protect your progress and fight for your full driving privilege reinstatement. To schedule your free consultation, call 630-448-2001. Attorney speaks Spanish.