Ill. Admin. Code tit. 92 § 1001.670

Current through Register Vol. 48, No. 36, September 6, 2024

Section 1001.670 - Petitions for Restricted Driving Permits

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.

Ill. Admin. Code tit. 92, § 1001.670

Amended at 31 Ill. Reg. 6185, effective May 1, 2007

Amended at 40 Ill. Reg. 834, effective 12/31/2015