Some first-time DUI offenders may be able to drive with breathalyzers in their cars.

A law took effect on Jan. 1 allowing eligible first-time offenders of driving under the influence to receive a restricted driver’s permit requiring the individual to blow into a breathalyzer device installed in their vehicles.

The Illinois First Offender Ignition Interlock Law allows first-time offenders of driving under the influence to request to be issued a Monitoring Device Driving Permit. A Breath Alcohol Ignition Interlock Device would then be installed in his or her vehicle at the expense of the offender no earlier than 31 days after the suspension has begun.

Not all first offenders are eligible to participate in the program. They must meet all requirements to be able to request the program. An offender can also choose to stop participating in the program at any time, according to an Illinois Department of Transportation release.

Sgt. Tom Petit of the DeKalb Police Department said he thinks the court has taken into account that people make mistakes and is giving first-time offenders the chance to “function normally, to go to work, take their kids to day care, etc.”

Petit said the first-time offender must prove to the machine and the court that he or she is responsible enough to not drink and drive anymore.

To start a vehicle with a BAIID installed, the offender must blow a blood alcohol count (BAC) of 0.024 or lower into the instrument. After which, the device will later ask for rolling re-tests at random intervals, occurring once in the first 15 minutes and twice an hour thereafter, the release said.

Ron Matekaitis, DeKalb County State’s Attorney, said he supports the new law since it increases the safety of the citizens on the road.

“We can be fairly certain while this device is in the vehicle and the defendant is driving it, if he or she [attempts to] drive under the influence, there will be penalties for that,” Matekaitis said.

All results from blows into the BAIID are recorded into the internal memory, and the memory is required to be read every 60 days, assuming no violations. Anytime a subject blows a 0.05 or higher, it is considered a violation under the Secretary of State’s rules, the release said.

Only the offender may blow into the device, if someone else other than that person blows into the instrument, it is considered a Class A Misdemeanor, Matekaitis said.

“I will anticipate that courts will see this device in the near future and will continue to see them as long as this law still is in effect,” Matekaitis said.

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