Administrative Hearings & BAIID Services
What this domain covers
Administrative Hearings & BAIID Services covers the Secretary of State's administrative hearing process for license suspensions and revocations, statutory summary suspensions (SSS) from DUI arrests, Monitoring Device Driving Permits (MDDP), and Breath Alcohol Ignition Interlock Device (BAIID) compliance.
Core rules
- After a DUI arrest, implied consent applies. A first test failure at .08 or more generally produces a six-month SSS; a first refusal produces a 12-month SSS. Repeat offenses carry longer suspensions.
- A first-time DUI/SSS offender may apply for an MDDP after serving the first 30 days of the suspension. The MDDP requires a BAIID installed in every vehicle the person operates; the driver may drive only vehicles equipped with the device unless an exemption applies.
- The BAIID requires a passing breath sample to start, rolling retests while driving, and records camera images and data. Failures, tampering, or missed tests can generate violations and trigger a hearing or further suspension.
- Formal hearings address discretionary relief such as reinstatement after revocation; informal hearings address matters such as SSS rescission and MDDP/BAIID issues. Hearing deadlines and documentary requirements are strict.
Worked example
A driver receives a first DUI and blows .10. The SSS is six months. After 30 days, the driver applies for an MDDP and installs a BAIID. The driver may drive, but only in the BAIID-equipped car. If the driver later blows a fail sample or skips a rolling retest, the device records a violation; the driver can be called to an administrative hearing and the MDDP may be cancelled. The MDDP is not a full restoration of driving privileges.
Traps that cost marks
Do not assume an MDDP is available immediately-the first 30 days must be served. Do not treat the MDDP as permission to drive any vehicle. Do not ignore BAIID data downloads or missed rolling retests. Do not confuse a test failure suspension with a refusal suspension.
Key points
- First test failure: six-month SSS; first refusal: 12-month SSS.
- MDDP eligibility begins after 30 days of a first suspension.
- BAIID must be installed in every vehicle the driver operates.
- Rolling retests and camera data are part of compliance.
- Formal hearings handle reinstatement; informal hearings handle SSS and MDDP issues.