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.

(Source:  Amended at 40 Ill. Reg. 834, effective December 31, 2015)