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 1001.670 - Petitions for Restricted Driving Permits

Current through Register Vol. 48, No. 38, September 20, 2024

a) Investigative Evaluation Required. Notwithstanding other provisions of this Part, petitioners who apply for an RDP pursuant to IVC Section 11-501.8(e) of the Code must submit to an investigative alcohol/drug evaluation, as defined in Section 1001.410 of this Part, as part of the Secretary's investigative process, when the evidence shows that:

1) the petitioner, on any occasion, submitted to a chemical test or preliminary breath test and registered an alcohol concentration between 0.04 and 0.08, or failed a test for the presence of other drugs; or

2) the petitioner may be a user of alcohol or any other drug to a degree which renders him/her incapable of safely driving a motor vehicle (see IVC Section 6-103.4); or

3) the petitioner has multiple zero tolerance suspensions on his or her driving record (regardless of whether the petitioner took or refused the tests); or

4) the petitioner has a previous DUI disposition on his or her driving record, including one reported by the PDPS.

b) Uniform Report Required. Petitioners who apply for an RDP pursuant to IVC Section 11-501.8(e) must submit to an alcohol/drug evaluation uniform report, as defined in Section 1001.410 of this Part, as part of the Secretary's investigative process, when the evidence shows that:

1) the petitioner, on any occasion, submitted to a chemical test or preliminary breath test and registered an alcohol concentration of 0.08 or more, or failed a test for the presence of other drugs; or

2) the petitioner's driving record reflects a DUI disposition, as defined in Section 1001.400; or

3) the petitioner has multiple zero tolerance suspensions on his or her driving record (regardless of whether the petitioner took or refused the tests); or

4) the petitioner has a previous DUI disposition on his or her driving record, including one reported by the PDPS.

c) Rehabilitative Activity Required; Waiver. The petitioner is required to complete any recommended and/or required rehabilitative activity that pertains to the evaluation's classification of his/her use/abuse of alcohol/drugs or provide a written waiver thereof, prior to the issuance of any restricted driving permit.

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