What Happens If I Fail a BAIID Breath Test in Illinois?

 Posted on July 14, 2025 in DUI

People in Illinois who are arrested for driving under the influence often worry about how a DUI will affect their future. For many drivers, part of getting back on the road involves using a device called a Breath Alcohol Ignition Interlock Device (BAIID). If you have been charged with DUI, an Aurora, IL DUI defense attorney can help you understand what happens if you fail a BAIID test and what steps you should take next.

Consequences of Failing a BAIID Test in Illinois

After a DUI arrest or conviction in Illinois, you may qualify for a Monitoring Device Driving Permit (MDDP) or a restricted driving permit. The stipulation for having these permits is that you must install a BAIID in your vehicle. The purpose of the device is simple. It does not enable the car to start if you have alcohol in your system.

Failing a BAIID test can lead to serious consequences. Under 625 ILCS 5/11-501.2, the Illinois Secretary of State is notified whenever someone registers a failed breath test. Even a single failed test can cause trouble. You risk losing your restricted license, which could mean you are no longer allowed to drive at all until the suspension or revocation period ends.

Beyond license problems, failing a BAIID test can also impact a probation sentence as part of your DUI case. Under 730 ILCS 5/5-6-3, violating probation terms can result in additional penalties, including longer probation, higher fines, and even jail time. Courts may see a failed breath test as evidence of drinking against court orders, which can lead to stricter monitoring or harsher punishments.

Failing more than one test can be even more serious. The Secretary of State’s office keeps records of every violation. If failures continue, you could face longer periods of BAIID use, higher fees, or even the possibility of a new criminal charge if the state also believes you were trying to drive drunk again. In some cases, repeated violations could also lead to losing your license.

Why You May Fail Your Ignition Interlock Device Test

There are several reasons why a person might fail a BAIID test, even if they have not been drinking heavily. Some of the most common reasons include:

• Residual mouth alcohol: Products like mouthwashes, breath spray, or certain foods can leave traces of alcohol in your mouth and cause a failed test.

• User error: The BAIID requires drivers to blow into it correctly for a specific amount of time. Blowing too softly, too hard, or not long enough can cause a failed test or error reading.

• Malfunctions or calibration issues: Although BAIIDs are generally reliable, they must be serviced and calibrated regularly. A device that is not working properly might record a false positive result.

• Actual alcohol in your system: Even a small amount of alcohol, such as from a drink earlier in the day, can register and prevent your car from starting.

Having a BAIID means you have to be mindful of what you eat and drink. Even if the failure is accidental, it can still have serious consequences for your license and legal record.

Contact an Elgin, IL DUI Defense Attorney Today for a Free Consultation

Failing a BAIID test in Illinois can cause significant legal and personal problems. If you are facing this situation, an experienced Kane County, IL DUI defense lawyer at The Law Office of Brian J. Mirandola can help. Call 847-488-0889 today for a free consultation to find out what we can do for your case.