Section 1001.410 Definitions

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

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)

ate 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

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)

ttee" 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

e" 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

ert, 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]

sed

"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

artment.

"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)

r 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

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

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]

mit.

"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

d

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).)

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.

"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

ral 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

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

"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).)

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.

"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

ature 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

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

tes

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

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

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.