Illinois Administrative Code
Title 92 - TRANSPORTATION
Part 1001 - PROCEDURES AND STANDARDS
Subpart F - ZERO TOLERANCE SUSPENSION OF DRIVING PRIVILEGES; PERSONS UNDER THE AGE OF 21 YEARS; IMPLIED CONSENT HEARINGS; RESTRICTED DRIVING PERMITS
Section 1001.640 - Implied Consent Hearings; Medical Exception
Universal Citation: 92 IL Admin Code ยง 1001.640
Current through Register Vol. 48, No. 38, September 20, 2024
a) A petitioner who asserts that his/her alcohol concentration of more than 0.00 was the result of his/her ingestion of medicine that contained alcohol which was prescribed or recommended by a person licensed to prescribe or distribute medications must prove at a minimum:
1) that the medicine was ingested within a
reasonably recent period of time before the issuance of the traffic citation
which led to the request to submit to the chemical test and that the medicine
was ingested according to the prescribed or recommended dosage. The evidence on
these matters may be submitted in the form of the petitioner's self-report.
However, if the medicine was prescribed or recommended to be ingested over an
extended period of time, in other words, for more than two (2) days, then the
evidence of the petitioner's ingestion of the medicine must be submitted in the
form of written verification or testimony from at least one (1) independent
source; and
2) that the medicine
ingested by the petitioner was prescribed or recommended by a person properly
licensed to prescribe medications; that the medicine was prescribed or
recommended to the petitioner; that the medicine was prescribed or recommended
to the petitioner at the time of the issuance of the traffic citation which led
to the request to submit to the chemical test; the prescribed or recommended
dosage for the petitioner; the alcohol content of the dosage; and the duration
of the prescription and/or the time frame within which the medicine was
prescribed or recommended. The evidence on these matters must be submitted in
the form of written verification or testimony from the person who prescribed or
recommended the medicine to the petitioner.
b) A petitioner who asserts that his/her alcohol concentration of more than 0.00 was the result of his/her ingestion of over-the-counter medicine that contained alcohol and was not prescribed or recommended by a person licensed to prescribe or distribute medications must prove:
1) why the petitioner was using the
medication at the time in question; that the ingestion of the medicine was
consistent with the recommended dosage stated on the packaging label and other
information which is enclosed with the medicine; and that the medicine was
ingested within a reasonably recent period of time before the issuance of the
traffic citation which led to the request to submit to the chemical test. The
evidence on these matters may be submitted in the form of the petitioner's
self-report; and
2) what the
recommended dosage was; and the alcohol content of the recommended dosage. The
evidence on these matters must, at a minimum, be submitted in the form of
copies of the packaging label and other information enclosed with the medicine
at issue.
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