New Laws

Effective January 1, 2009 Judicial Driving Permits (JDP) will be abolished and replaced by a court issued Monitoring Device Driver's Permit (MDDP).  Every MDDP driver must have a Breath Alcohol Ignition Interlock Device (BAIID) installed in their vehicle.  A BAIID is designed to measure blood alcohol levels and prevent a vehicle from starting or disabling it if someone has been drinking.  The driver will have unlimited driving privileges, but only in his own personal vehicle, not commercial vehicles.  Those under 18 years of age or those involved in fatal accidents are not eligible for a MDDP.

Any tampering with the device or the presence of alcohol will result in the revocation of driving privileges.  Those with a MDDP caught driving another vehicle, or their own car without a BAIID during their summary suspension would be guilty of a Class 4 felony and subject to 30 days of mandatory imprisonment.

Defendants may challenge the statutory suspension at a hearing, but if unsuccessful, the first 30 days of the suspension will continue to be without any driving relief.  Summary periods will be increased from 3 to 6 months for blows in excess of .08, and from 6 to 12 months for refusals respectively for first time offenders.