Ill. Admin. Code tit. 92 § 1040.43

Current through Register Vol. 48, No. 45, November 8, 2024

Section 1040.43 - Suspension or Revocation for Illegal Transportation

a) If a person who is under 21 years of age at the time of arrest is convicted of illegal transportation of alcohol by a driver, the Department shall suspend his/her driving privileges for 12 months. Only arrests that occur on or after January 1, 1994 shall be considered.

b) An individual who has two or more convictions, regardless of age at the time of arrest, and whose arrest dates fall within any 12-month period, for illegal transportation of alcohol as a driver, shall have his/her driving privileges suspended or revoked by the Department.

1) In reviewing an individual's driving record for illegal transportation convictions, only those illegal transportation convictions with arrest dates on or after January 1, 1986 shall be considered.

2) If a person's record contains no prior suspensions or revocations and two convictions whose arrest dates fall within any 12-month period for illegal transportation, regardless of age at the time of arrest, the Department shall suspend his/her driving privileges for 12 months. A third or subsequent conviction within the same 12-month period shall result in the person's driving privileges being revoked by the Department.

3) If a person's record contains one or more prior suspensions or revocations, excluding miscellaneous suspensions or suspensions as a result of subsection (a), within seven years from the effective date of the suspension or revocation, in addition to two convictions for illegal transportation, regardless of age at the time of arrest, and the arrest dates fall within any 12-month period, the Department shall revoke his/her driving privileges.

c) Excluding a suspension under subsection (a), only convictions for arrests that occur on or after January 1986 will be considered. For the purpose of imposing a sanction pursuant to subsection (a), only convictions for arrests that occur on or after January 1, 1994 shall be considered.

Ill. Admin. Code tit. 92, § 1040.43

Amended at 33 Ill. Reg. 2603, effective January 22, 2009