# 92 Ill. Adm. Code 1001.410: Section 1001.410 Definitions

> Illinois · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T92_P1001_S1001_410

## Section

- **Citation:** 92 Ill. Adm. Code 1001.410
- **Heading:** Section 1001.410 Definitions
- **Jurisdiction:** Illinois
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Illinois Administrative Code / Title 92 TRANSPORTATION / CHAPTER II: SECRETARY OF STATE / Part 1001 PROCEDURES AND STANDARDS / Section 1001.410 Definitions

## Text

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.

## Nearby sections

- [92 Ill. Adm. Code 1001.400 Section 1001.400  Applicability; Statement of Principle and Purpose](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T92_P1001_S1001_400.md)
- [92 Ill. Adm. Code 1001.410 Section 1001.410  Definitions](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T92_P1001_S1001_410.md)
- [92 Ill. Adm. Code 1001.420 Section 1001.420  General Provisions Relating to the Issuance of Restricted Driving Permits](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T92_P1001_S1001_420.md)
- [92 Ill. Adm. Code 1001.430 Section 1001.430  General Provisions for Reinstatement of Driving Privileges after Revocation](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T92_P1001_S1001_430.md)
- [92 Ill. Adm. Code 1001.440 Section 1001.440  Provisions for Alcohol and Drug Related Revocations, Suspensions, and Cancellations](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T92_P1001_S1001_440.md)
- [92 Ill. Adm. Code 1001.441 Section 1001.441  Procedures for Breath Alcohol Ignition Interlock Device Conditioned RDPs](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T92_P1001_S1001_441.md)
- [92 Ill. Adm. Code 1001.442 Section 1001.442  BAIID Provider Certification Procedures and Responsibilities; Certification of BAIIDs; Inspections; BAIID Installer's Responsibilities; Decertification of a BAIID Provider](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T92_P1001_S1001_442.md)
- [92 Ill. Adm. Code 1001.443 Section 1001.443  Breath Alcohol Ignition Interlock Device Multiple Offender - Compliance with Interlock Program](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T92_P1001_S1001_443.md)
- [92 Ill. Adm. Code 1001.444 Section 1001.444  Monitoring Device Driving Permit (MDDP) Provisions](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T92_P1001_S1001_444.md)
- [92 Ill. Adm. Code 1001.450 Section 1001.450  New Hearings](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T92_P1001_S1001_450.md)
- [92 Ill. Adm. Code 1001.460 Section 1001.460  Requests for Modification of Revocations and Suspensions](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T92_P1001_S1001_460.md)
- [92 Ill. Adm. Code 1001.465 Section 1001.465  Cancellation of Driving Privileges; Hearing to Contest and Show Cause Hearing](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T92_P1001_S1001_465.md)
- [92 Ill. Adm. Code 1001.470 Section 1001.470  Renewal, Correction and Cancellation of RDPs](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T92_P1001_S1001_470.md)
- [92 Ill. Adm. Code 1001.480 Section 1001.480  Unsatisfied Judgment Suspensions](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T92_P1001_S1001_480.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T92_P1001_S1001_410. Check the current official text before relying on it. Not legal advice.