Habitual Offenders: THE LAW:
If you have any of the following combination of drunk or drugged driving convictions, the law indicates that you are a Habitual Offender:
- Two or more convictions within 7 years.
- Three or more convictions within 10 years.
The Secretary of State is required to revoke the driver license of a Habitual Offender and deny his or her application for another license.
After the minimum period of revocation/denial, a Habitual Offender may be eligible for a driver license appeal hearing. If a restricted license is ordered, the hearing officer must require that the Habitual Offender install a Breath Alcohol Ignition Interlock Device [BAIID] on any vehicle he or she owns or intends to operate. The person cannot drive until the BAIID is properly installed and proof of installation is presented to a local Secretary of State branch office.
Beginning October 31, 2010, anyone with a restricted license that requires a BAIID must continue to drive with the device until the Secretary of State authorizes him or her to remove it.
HOW IT WORKS:
A BAIID is a breath alcohol analyzer, with computer logic and an internal memory. It connects with a motor vehicle’s ignition and other control systems. The BAIID measures the driver’s bodily alcohol content [BAC], and keeps the vehicle from starting if the BAC is .025 or higher. The device will also ask for random retests while the person is driving [rolling retests].
If the BAIID records 3 start-up test failures in a monitoring period, or 1 rolling retest failure, or if it detects tampering, the vehicle must be taken to a service center immediately. If that service is not done, the BAIID will go into a “lock-out” mode, and the vehicle cannot be operated.
Test failures, tampering, or other BAIID-related violations will result in an extension of the time before the driver can ask for another driver license appeal hearing, or may require that the original license revocation/denial be reinstated.