Section 1001.410 Definitions

"Abstinence" means to refrain from consuming any type of alcohol, from any source, or other drugs.

"Abstract" means a summary of a driver's record of traffic law violations, accidents, suspensions, revocations, cancellations, address and personal information of the driver, as contained in the files of the Office of the Secretary of State.

"Accredited educational course" means any class or course of instruction offered by an accredited educational institution that is either vocational in nature or is part of the matriculation process in receiving an academic degree, diploma, or certificate. It shall also include attendance at any required instructional class in an apprentice program and at functions and activities required to maintain the student's status as a currently enrolled student or to fulfill the requirements of a scholarship.

"Accredited educational institution" means any school or institution, whether public or private, that offers classes or courses of instruction, and that is reviewed and approved or granted a waiver of approval by the controlling State agency.

"Alcohol" means ethanol, commonly referred to as ethyl alcohol.

"Alcohol and drug evaluation (Investigative)" means a printed report that conforms to standards established by the Department, as specified in Section 1001.440(a)(6)(D). The evaluation must be completed on a form prescribed by the Department. This evaluation will be conducted as required pursuant to Sections 1001.420(1) and 1001.430(d), when:

the current loss of driving privileges is not related to a DUI arrest/disposition yet:

the petitioner's/respondent's driving record contains, or other evidence indicates the existence of, a prior DUI disposition or any other conviction or loss of driving privileges that was alcohol/drug related within the last 5 years (as of the date of the hearing) for which the petitioner/respondent did not or was not required to submit to the Secretary an alcohol/drug evaluation to obtain driving privileges;

there is credible evidence that the petitioner had any arrest or implied consent suspension for boating or snowmobiling under the influence within the last 5 years (as of the date of the hearing);

the petitioner has an alcohol/drug-related criminal conviction within the last 5 years (as of the date of the hearing), as defined in this Section; or

the facts of the current loss of driving privileges indicate the use or potential use of alcoholic beverages or other drugs at a time when the offender was under the age of 21 years and within the last 5 years (as of the date of the hearing); or

there is evidence that the petitioner/respondent may be a user of alcohol or any other drug to a degree that renders that person incapable of safely driving a motor vehicle. (See IVC Section 6-103.4.)

"Alcohol and drug evaluation (Out-of-state)" means a printed report that conforms to standards established by the Department, as specified in Section 1001.440(a)(6)(C).

"Alcohol and drug evaluation (Uniform Report)" means a printed report that conforms to standards established by the Illinois Department of Human Services, Division of Substance Use Prevention and Recovery (DSUPR). (See 77 Ill. Adm. Code 2060.503.) The evaluation must be completed on a form prescribed by DSUPR. The evaluation must be signed and dated by both the evaluator and the petitioner.

"Alcohol and drug evaluation (Update)" means a printed report that updates a Uniform Report or Investigative Evaluation and conforms to standards established by the Department, as specified in Section 1001.440(a)(6)(B). The evaluation must be completed on a form prescribed by the Department. The update evaluation must be completed by a program in accordance with the provisions of Section 1001.440(a)(6)(A).

"Alcohol and drug related driver risk education course" means an educational program concerning the effects of alcohol/drugs on drivers of motor vehicles, also referred to as a DUI driver remedial program, that conforms to the standards established by DSUPR. (See 77 Ill. Adm. Code 2060.505.)

"Alcohol/drug-related criminal conviction" means a petitioner's or respondent's record of being found guilty of violating the Cannabis Control Act [720 ILCS 550], Illinois Controlled Substances Act [720 ILCS 570], or Methamphetamine Control and Community Protection Act [770 ILCS 646], or being found guilty of the commission of a misdemeanor or felony offense while under the influence of, or impaired by the use of, alcohol or other drugs, or the facts of the offense indicate that it was committed for the purpose of obtaining alcohol or other drugs.

"Alcohol setpoint" means the minimum or nominal BrAC (0.025) at which a device is set to lock a vehicle's ignition.

"BAC" means blood alcohol concentration as determined by a chemical test administered by police authorities or medical personnel to measure the concentration of alcohol in the bloodstream.

"BAIID permittee" means a BAIID petitioner who has been issued an RDP as a result of a hearing.

"BAIID multiple offender" or "BMO" means anyone who is required to install an interlock device on all vehicles that individual owns and operates, pursuant to IVC Section 6-205(h), and who, therefore, is also required to drive on a BMO permit for 5 years, pursuant to IVC Section 6-205(h), 6-208 or 11-501.01(e). Any petitioner whose current or most recent suspension or revocation is for an offense or offenses that are not alcohol/drug-related, and whose alcohol/drug use was the topic of previous hearings that resulted in a finding that the petitioner's alcohol/drug problem had been resolved and who, therefore, previously fulfilled the requirements of Sections 6-205(h) and 11-501(i), is not a BMO.

"BAIID Multiple Offender (BMO) Restricted Driving Permit (RDP)" means an RDP that requires the use of a BAIID that is issued only to BMOs.

"BAIID petitioner" means anyone who, if issued a restricted driving permit, may not operate a motor vehicle unless it has been equipped with an interlock device as defined in this Section, as required by the IVC or this Part.

"BAIID provider" means an entity authorized by the Secretary to contract with BAIID permittees and MDDP offenders and distribute, supply, install, maintain and monitor BAIID devices. A "BAIID provider" may be an authorized agent or representative of a manufacturer or an independent entity. "BAIID provider" may be synonymous with vendor, supplier, manufacturer, or installer.

"Breath Alcohol Ignition Interlock Device" or "BAIID" means a mechanical unit that is installed in a vehicle which requires the taking of a BrAC test prior to the starting of a vehicle. If the unit detects a BrAC test result below the alcohol setpoint, the unit will allow the vehicle ignition switch to start the engine. If the unit detects a BrAC test result above the alcohol setpoint, the vehicle will be prohibited from starting. The unit or combination of units, to be approved by the Secretary, shall measure breath alcohol concentrations by breath analysis and shall include both simple and complex units.

"BrAC" means the w/v breath alcohol concentration.

"BUI" means boating under the influence, as defined in the Boat Registration and Safety Act [625 ILCS 45/5-1 through 5-21].

"Certified controlled reference sample" means a suitable reference of known ethyl alcohol concentration.

"Certified transcript" means a tax return transcript document provided by and certified by IRS that shows most line items on the return filed, including the adjusted gross income. The transcript can be used to verify income. IRS charges no fee for this service. Information on ordering a transcript can be found at https://www.irs.gov/individuals/tax-return-transcript-types-and-ways-to-order-them.

"Chemical test" means the chemical analyses of a person's blood, urine, breath or other bodily substance performed according to the standards promulgated by the Illinois State Police. (See 20 Ill. Adm. Code 1286.)

"Circumvention" means an overt, conscious effort to bypass the BAIID or any other act intended to start the vehicle without first taking and passing a breath test.

"Clinical impression" means a qualified treatment professional's (see Section 1001.440(b)(2) through (b)(6)) opinion regarding the effectiveness of substance abuse treatment provided to an individual and the likelihood of future alcohol/drug-related problems. This constitutes the treatment professional's most reasonable clinical judgment based on direct involvement with the individual throughout the course of treatment. It should not be interpreted as a definitive statement regarding the likelihood of future alcohol/drug-related problems.

"Code" or "IVC" means the Illinois Vehicle Code [625 ILCS 5].

"Day care provider, licensed/unlicensed – children" means a licensed "facility for childcare", "child care institution", or "day care center", as defined and provided for in the Child Care Act of 1969 [225 ILCS 10] and the rules of the Department of Children and Family Services at 89 Ill. Adm. Code 406 and 89 Ill. Adm. Code 408. It also includes, for purposes of this Subpart, a private individual or family member who, regardless of whether payment is made for the service, provides day care services as described in the Child Care Act of 1969 and 89 Ill. Adm. Code 406.

"Day care provider, licensed/unlicensed – elderly or disabled person" means a licensed "adult day health center" and other community based services for elderly and disabled persons, as defined and provided for in the All-Inclusive Care of the Elderly Act [320 ILCS 40], the Older Adult Services Act [320 ILCS 42], the Community Senior Services and Resources Act [320 ILCS 60], the Family Caregiver Act [320 ILCS 65], and Article III of the Illinois Public Aid Code [305 ILCS 5]. It also includes, for purposes of this Subpart, a private individual or family member who, regardless of whether payment is made for the service, provides day care services as described in those statutes and the rules of the Departments of Healthcare and Family Services and Aging.

"Decertification" means the removal or cancellation by the Secretary of the authorization for a BAIID provider to use, distribute or provide a particular type of BAIID to BAIID permittees, MDDP offenders and BAIID multiple offenders.

"Department" means the Department of Administrative Hearings of the Office of the Secretary of State.

"Designated driver remedial or rehabilitative program" means an alcohol or drug evaluation, an alcohol or drug-related driver risk education course, an alcohol or drug treatment program, the Office driver improvement program, or any similar program intended to diagnose and change a petitioner's driving problem as evidenced by the petitioner's abstract. (See IVC Sections 6-205(c) and 6-206(c)3.)

"Device" means a breath alcohol ignition interlock device approved by the Secretary.

"Director" means the Director or Acting Director of the Department.

"Disabled person" means any person who is, and who is expected to indefinitely continue to be, subject to any of the 5 types of disabilities listed in Section 4A of the Illinois Identification Card Act [15 ILCS 335/4A] or who is disabled as defined in Article III of the Illinois Public Aid Code. It also means any person whose disability is verified by the person's treating physician.

"Documentation of abstinence" means testimony and documentation, in the form of affidavits, letters, etc., from individuals who have regular, frequent contacts with the petitioner (e.g., spouse, significant other, employer, co-workers, roommates) verifying that to the best of their knowledge the petitioner has been abstinent from alcohol/drugs for a specified period of time, according to the standards stated in Section 1001.440(e).

"Driver License Compact" is an agreement among signatory states that deals with the problems of: issuing drivers' licenses to people who move from one signatory state to another; and drivers who are licensed in one signatory state and convicted of traffic offenses in other such states. The Compact has been codified in Illinois and is found in IVC Chapter 6, Article VII.

"DSUPR" means the Illinois Department of Human Services, Division of Substance Use Prevention and Recovery.

"DUI" means driving under the influence.

"DUI disposition" means any conviction or supervision for DUI, BUI or SUI, or any conviction for reckless homicide when alcohol and/or drugs is recited as an element of the offense or other credible evidence indicates that the petitioner's/respondent's conduct causing death involved the use of alcohol or other drugs, or reckless driving reduced from DUI, or any statutory summary suspension or implied consent suspension, except summary suspensions entered pursuant to Section 11-501.8 of the Code (zero tolerance suspensions). This definition applies to offenses that are committed in other states as well as in Illinois, and regardless of whether the offense has been recorded to the offender's Illinois criminal or driving record.

"Elderly person" means a person age 60 or over who does not possess driving privileges or who, due to age or infirmity, is not able to exercise those driving privileges.

"Employ" or "employed" or "employment" shall all relate to activity for compensation to support oneself or one's dependents as well as activities ordered by a court in connection with a sentence that includes the completion of a term of community service. Employment need not be the sole or primary means of support for the petitioner or the petitioner's dependents.

"Evaluator" means any person licensed to conduct an alcohol and drug evaluation by DSUPR. (See 77 Ill. Adm. Code 2060.201.) A treatment provider may be considered an evaluator for the purpose of completing an update evaluation in accordance with Section 1001.440(a)(6)(A).

"Failure to successfully complete a running retest" means any time the BAIID Permittee registers a BrAC reading of 0.05 or more on a running retest or fails to perform a running retest that has been requested.

"Fee" means the statutory fees for restricted driving permits or reinstatement of driving privileges, as specified in IVC Section 6-118.

"Hearing" means informal hearings and/or formal hearings.

"High Risk" means the classification resulting from an alcohol and drug evaluation assigned to a petitioner with either:

symptoms of substance dependence (regardless of driving record), referred to in this Part as High Risk Dependent. This classification shall be assigned to a petitioner who has experienced the required number of symptoms within any 12 month period, as defined by the Diagnostic and Statistical Manual of Mental Disorders, and regardless of whether the petitioner has attained a sustained period of remission/abstinence at the time that the evaluation is conducted; and/or

within the 10 year period prior to the date of the most current (third or subsequent) arrest, any combination of two prior convictions or court ordered supervisions for DUI, BUI or SUI, or prior statutory summary suspensions, or prior reckless driving convictions reduced from DUI, resulting from separate incidents, referred to in this Part as High Risk Nondependent. (See 77 Ill. Adm. Code 2060.503(g).) This definition applies to offenses that are committed in other states as well as in Illinois, and regardless of whether the offense has been recorded to the offender's Illinois driving record.

"Immediate family" means a member of the petitioner's household, the petitioner's parents, grandparents, children, grandchildren and stepchildren who live with the petitioner, and significant other.

"Initial Monitor Report" means the monitor report obtained or required to be obtained within the first 30 days after initial installation of the device.

"Installer" means an individual trained by a BAIID provider or manufacturer to install, repair, maintain, or monitor a BAIID and employed by an authorized BAIID provider, service center, vendor or manufacturer. "Installer" is synonymous with an authorized entity providing installation, repair, or monitoring services to BAIID permittees and MDDP offenders through those trained individuals.

"Lifetime Permit" means a permit only issued to a petitioner having four or more DUI convictions, the last arrest of which occurred on or after January 1, 1999.

"Lockout" means the device must prevent engine ignition by a virtual lock with 90% certainty or near absolute lock at 99.5% certainty.

"Manufacturer" means the maker of a BAIID or its authorized representative.

"MDDP" means a monitoring device driving permit, issued pursuant to Section 6‑206.1 of the IVC. A MDDP is not a restricted driving permit.

"MDDP holder" means an MDDP offender who has been issued an MDDP by the Office of the Secretary of State.

"MDDP offender" means a person who is a first offender as defined in Sections 11-500 and 6-206.1 of the IVC.

"Medical cannabis" means the prescribed use or consumption of cannabis as defined and authorized by the Compassionate Use of Medical Cannabis Pilot Program Act [410 ILCS 130].

"Medical or physical BAIID modification" means a demonstrated physical or medical condition documented in writing by a physician that consistently interferes with the normal operation of the BAIID by the BAIID permittee or MDDP offender for which the Department may authorize a modification of the BAIID or its programming to accommodate the condition without violating the BAIID rules and statutory requirements.

"Medical or Physical BAIID Waiver" means a demonstrated physical or medical condition, documented in writing by a physician, that consistently interferes with or prevents the normal operation of the BAIID by the BAIID permittee or MDDP offender for which the Department may authorize a waiver of the BAIID.

"Minimal Risk" means the classification resulting from an alcohol and drug evaluation assigned to a petitioner who has:

no prior conviction or court ordered supervisions for DUI, BUI or SUI, no prior statutory summary suspensions, and no prior reckless driving conviction reduced from DUI; and

a blood alcohol concentration (BAC) of less than .15 as a result of the most current arrest for DUI; and

no other symptoms of substance abuse or dependence. (See 77 Ill. Adm. Code 2060.503(g).)

This definition applies to offenses that are committed in other states as well as in Illinois, and regardless of whether the offense has been recorded to the offender's Illinois criminal or driving record.

"Moderate Risk" means the classification resulting from an alcohol and drug evaluation assigned to a petitioner who has:

no prior conviction or court ordered supervisions for DUI, BUI or SUI, and no prior statutory summary suspensions, and no prior reckless driving conviction reduced from DUI; and

a blood alcohol concentration (BAC) of .15 to .19 or a refusal of chemical testing as a result of the most current arrest for DUI; and

no other symptoms of substance abuse or dependence. (See 77 Ill. Adm. Code 2060.503(g).)

"Monitor report" means an electronic report or a printout of the activity of a device obtained by the manufacturer or installer at the time of an inspection of the device which shall include at a minimum the number of successful and unsuccessful attempts to start the vehicle and rolling retests, including each date, time, and BrAC reading, and any evidence of tampering or circumvention of the device.

"National Driver Register" means a central index, maintained by the U.S. Department of Transportation, of individuals whose driving privileges are denied, terminated or withdrawn, as reported by the states' driver licensing authorities.

"Near-alcoholic beverage" means a beverage with an alcohol content of .05 percent or less.

"Office" means the Office of the Secretary of State and not any particular department address or location.

"Permanent lockout" means that feature of the device that prevents a vehicle with the device installed from starting after the lapse of the 5 days (see 92 Ill. Adm. Code 1001.442(e)(7)) and requires servicing by the manufacturer/installer of the device to make the vehicle operable for failure to take the vehicle with the device to the manufacturer or installer for any required monitor report or for any failure to send the device to the manufacturer within 5 days after any service or inspection notification.

"Petitioner" is the party who seeks or applies for relief from the Office from the suspension, revocation, cancellation, or denial of driving privileges pursuant to the provisions of the Illinois Vehicle Code.

"Problem Driver Pointer System" or "PDPS" is a pointer file consisting of an index of problem drivers (as determined by adverse driver's license actions) that is maintained by a driver's home state (state of record (SOR)) and is accessed by other states (state of inquiry (SOI)) to determine a person's eligibility to apply for a driver's license. (See Secretary of State rules at 92 Ill. Adm. Code 1040.70.)

"RDP" means a restricted driving permit, as defined by IVC Section 1-173.1 and limited as specified in IVC Sections 6-205(c) and 6-206(c).

"Reinstatement" means the restoration of driving privileges entitling the petitioner to apply for a new driver's license in accordance with the requirements of the Illinois Vehicle Code and this Part.

"Respondent" means a person against whom a complaint or petition is filed, or who, by reason of interest in the subject matter of a petition or application or the relief sought through that action, is made a respondent or to whom an order or complaint is directed by the department initiating a proceeding.

"Running retest" means that feature of the device that requires the driver to take additional BrAC tests after the initial test to start the vehicle.

"Secretary" means the Illinois Secretary of State or the Secretary's designee.

"Service or inspection notification" means that feature of the device that advises or notifies the BAIID permittee or MDDP offender to either take the vehicle with the device installed to the BAIID provider or installer or send the device to the BAIID provider or installer for the required inspection and the monitor report.

"Service center" means an authorized dealer, distributor, supplier, or other business engaged in the installation of BAIIDs and is synonymous with installer.

"Show cause hearing" means that the Secretary has good cause to believe that a driver may be a danger to public safety and welfare for violations of IVC Sections 6‑103, 6-108, 6-207 and/or 6-201(a). The Department will send notice to the driver, who then has an opportunity to show cause why driving privileges should not be cancelled at a formal hearing conducted pursuant to IVC Section 2‑118.

"Significant other" means any person with whom an individual is experiencing an ongoing, close association that represents a meaningful part of that individual's established lifestyle(e.g., spouse, other family member, employer, co-worker, clergy member, roommate).

"Significant Risk" means the classification resulting from an alcohol and drug evaluation assigned to a petitioner who has:

one prior conviction or court ordered supervision for DUI, BUI or SUI, one prior statutory summary suspension, or one prior reckless driving conviction reduced from DUI; and/or

a blood alcohol concentration (BAC) of .20 or higher as a result of the most current arrest for DUI; and/or

other symptoms of substance abuse. (See 77 Ill. Adm. Code 2060.503(g).)

"Stressed" means conditions such as temperature extremes, vibration, and power variability.

"SUI" means snowmobiling under the influence, as defined in the Snowmobile Registration and Safety Act [625 ILCS 40/Art. V].

"Support/recovery program" means specific activities that a recovering alcoholic/chemically dependent person has incorporated into the person's life style to help support continued abstinence from alcohol and other drugs. This may include, but is not limited to, participating in a self-help program (Alcoholics Anonymous, Narcotics Anonymous, etc.) or a professional support group, or regularly and frequently engaging in religious or other activities which have a distinct and positive effect on an individual's continued abstinence. Any program and its relationship to the individual's ability to remain abstinent must be clearly identified and verified by proper documentation independent from an individual's self report (such as indicated in Section 1001.440(e) through (i)). The hearing officer shall determine the viability of the petitioner's program as a means of supporting continued abstinence, taking into account all the evidence brought forward at the hearing, as well as considering whether the program is substantially consistent with the following criteria:

The program encourages life style change that involves the replacement of substance using activity with non-substance using activity; a strong focus of the program is to provide ongoing assistance in identifying and resolving substance dependency-related issues that may jeopardize an individual's continued recovery;

The program encourages positive individual values of responsibility and honesty, as well as less self-centered thinking;

The program has demonstrated a durability and stability over time that reflects its usefulness in supporting long-term recovery.

"Tampering" means an overt, conscious attempt to disable or disconnect the interlock device.

"Treatment Needs Assessment" means an assessment of a petitioner's current need for alcohol/drug treatment, counseling, or other intervention services or rehabilitative activity, composed by a licensed treatment provider.

"24 hour lockout" means that feature of the device that causes a vehicle with the device installed to become inoperable for a period of 24 hours any time the device registers 3 BrAC readings of 0.05 or more within a 30 minute period.

"Undue hardship as it relates to court ordered activities" means an extreme difficulty in getting to and from a location where a petitioner is participating in or fulfilling the requirements of conditional discharge, probation or parole, such as, but not limited to, community service, support groups, and treatment for illnesses or disorders. This does not include getting to and from primary treatment for alcohol/drug abuse. It means more than mere inconvenience to the petitioner. All other reasonable means of transportation must be unavailable to the petitioner. The impact on the family unit is a valid consideration. An undue hardship is not shown by the mere fact that the driving privileges are suspended or revoked.

"Undue hardship as it relates to day care for children or an elderly or disabled person" means an extreme difficulty in getting a member of the petitioner's immediate family to and from a day care provider or a pre-school. It means more than mere inconvenience to the petitioner. All other reasonable means of transportation must be unavailable to the petitioner. The impact on the family unit is a valid consideration. An undue hardship is not shown by the mere fact that the driving privileges are suspended or revoked.

"Undue hardship as it relates to educational pursuits" means an extreme difficulty in getting to and from the location of the accredited education course, due to the loss of driving privileges. It also means an extreme difficulty in getting a member of the petitioner's immediate family to and from pre-school, elementary school or high school, or their equivalent. "Educational pursuits" include activities and events conducted, and services provided, by the school district, immediately before and/or after the school day begins; functions and activities required to maintain the student's status as a currently enrolled student; and functions and activities required to fulfill the requirements of a scholarship. It means more than mere inconvenience to the petitioner. All other reasonable means of transportation must be unavailable to the petitioner. The impact on the family unit is a valid consideration. An undue hardship is not shown by the mere fact that the driving privileges are suspended or revoked.

"Undue hardship as it relates to employment" means, as used in the context of IVC Sections 6-205(c) and 6-206(c)3, an extreme difficulty in regard to getting to or from a petitioner's place of employment or to operate on a route during employment; e.g., as delivery person, because of the suspension, revocation, or cancellation of the petitioner's driving privileges. It means more than mere inconvenience on the petitioner and pertains only to the petitioner. All other reasonable means of transportation must be unavailable to the petitioner. The impact on the family unit is a valid consideration. An undue hardship is not shown by the mere fact that the driving privileges are suspended or revoked.

"Undue hardship as it relates to necessary medical care" means an extreme difficulty in regard to getting to and from a location where petitioner or a member of the petitioner's immediate family receives examinations, therapy or treatment, etc., prescribed or recommended by a licensed physical or mental health care provider. It means more than mere inconvenience. There must be no other reasonable alternative means of transportation available. The impact on the family unit is a valid consideration. An undue hardship is not demonstrated by the mere fact that the petitioner's driving privileges are suspended or revoked.

"Undue hardship as it relates to support/recovery program" means an extreme difficulty in regard to getting to and from a location where a petitioner is participating in an ongoing support program. It means more than mere inconvenience. There must be no other reasonable alternative means of transportation available. The impact on the family unit is a valid consideration. An undue hardship is not demonstrated by the mere fact that the petitioner's driving privileges are suspended or revoked.

"Unsuccessful attempt to start the vehicle" means anytime the BAIID permittee or MDDP offender registers a BrAC reading of 0.025 or more on the device when attempting to start the vehicle.

"Vehicle", for purposes of the Breath Alcohol Ignition Interlock Device Program, means every apparatus in, upon or by which any person or property is or may be transported or drawn upon a highway and that is self-propelled, except for apparatuses moved solely by human power, motorized wheelchairs, motorcycles, motor driven cycles and vehicles that require a commercial driver's license to operate.

"Vendor" means a retail or wholesale supplier of a device, and may include a service center.

"W/V" means weight of alcohol in the volume of breath based upon grams of alcohol per 210 liters of breath.

(Source: Amended at 45 Ill. Reg. 14985, effective November 12, 2021)