Illinois DUI: Interlock Compliance and False Violations

 Posted on November 07, 2025 in DUI

Illinois drivers who are working hard to regain their driving privileges following a DUI can be hindered by false violations of their Breath Alcohol Ignition Interlock Device (BAIID). While the BAIID is meant to be a safeguard to prevent those with DUI convictions from driving while impaired, technical glitches, calibration errors, and misinterpreted data can cause drivers to be accused of violations they never committed.

BAIID violations are taken very seriously in reinstatement hearings by the Illinois Secretary of State and can result in extended suspensions or revocation of driver’s licenses. If you need assistance with BAIID compliance failures, a DuPage County, IL license reinstatement lawyer can challenge inaccurate readings during your reinstatement hearing.

What You Should Know About the Illinois BAIID Program

The BAIID program in the state is administered by the Illinois Secretary of State under 625 ILCS 5/6-206.1. Drivers who have been convicted of a DUI and given a Monitoring Device Driving Permit must have the BAIID installed in their vehicle. The purpose is to ensure sobriety while driving during the permit period and to monitor compliance before the driver is eligible for license reinstatement.

The device requires the driver to blow into it and takes a photo of the driver to verify the user. If the driver blows a prohibitively high alcohol concentration into the device, the car will not start. Once the vehicle is started, the device will periodically prompt another breath test to ensure the original driver is the person operating the vehicle.

Failed tests or refusal of a test are reported to the Illinois SOS. The installation cost of a BAIID averages around $85, while monthly rental and monitoring fees can range from $75 to $110. Drivers with multiple DUI convictions may be required to extend the use of the BAIID on all vehicles registered in their name for a set number of continuous years.

What Constitutes an Illinois BAIID Violation?

There are several issues that can be considered a violation of the BAIID. These include:

• Having a breath test reading of 0.05 or higher on start-up
• Having a breath test reading of 0.05 or higher on a rolling retest
• Failing to take a rolling retest when prompted
• Exceeding five unsuccessful start-up attempts in a 24-hour period
• Exceeding ten unsuccessful start-up attempts within a 30-day period
• Attempting to tamper with, disconnect, or bypass the device
• Failing to submit the device for a monitor report on time
• Having a power loss flag
• Missing a service or calibration appointment

Vendors transmit all events to the Secretary of State in real time via encrypted data uploads. Violations can result in a Notice of Extension or Cancellation, and the driver must request a hearing to contest the violation.  

What Are the Most Common Causes of False or Misinterpreted Violations of the BAIID?

Mouth alcohol contamination, caused by the use of mouthwash, breath mints, or sugar-free gum, can potentially trigger false BAIID readings. Medical conditions like diabetes, acid reflux, or GERD can produce trace alcohol in the breath, and environmental factors near the vehicle, like hand sanitizer, cleaning chemicals, or gasoline fumes, can cause false positive violations.

If the device is not recalibrated by the vendor every 60 days, results can be skewed. In some cases, connectivity issues or power fluctuations can register as "tampering" when no tampering is involved. The SOS presumes the BAIID readings are accurate unless shown to be otherwise, and the burden is on the driver to rebut the data with credible evidence, including medical reports, affidavits, and vendor testimony. A challenge must be filed within 90 days of the SOS violation notice.

Contact a Naperville, IL Secretary of State Hearing Attorney

While the BAIID program was designed to promote accountability, a single false reading can potentially erase months of compliance. An experienced DuPage County, IL DUI lawyer from the Law Office of Patricia Magaña, LLC can help you challenge BAIID data errors and compliance violations. Attorney Magana will aggressively defend you at your SOS hearing or following DUI charges. Call 630-448-2001 to schedule your free consultation. Attorney speaks Spanish.