# 92 Ill. Adm. Code 1001.443: Section 1001.443 Breath Alcohol Ignition Interlock Device Multiple Offender - Compliance with Interlock Program

> Illinois · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T92_P1001_S1001_443

## Section

- **Citation:** 92 Ill. Adm. Code 1001.443
- **Heading:** Section 1001.443 Breath Alcohol Ignition Interlock Device Multiple Offender - Compliance with Interlock Program
- **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 1001.443 Breath Alcohol Ignition Interlock Device Multiple Offender - Compliance with Interlock Program

## Text

Section 1001
Section 1001.443  Breath Alcohol Ignition Interlock
Device Multiple Offender − Compliance with Interlock Program
a)         Ownership
Defined.  For the purposes of this Section, a person "owns" a vehicle
when it is registered in the person's name, regardless of whether it is
registered solely in the person's name or jointly with another person or
persons, except as follows:
1)         When
the offender is able to demonstrate that the offender's name is on the joint
title solely for the purpose of allowing a third party to obtain financing to
purchase the vehicle, and the vehicle is not available for use by the offender;
2)         A
vehicle is not considered to be owned by the person when:
A)        that
person owns and operates a business as a sole proprietorship or as a
partnership with 3 or fewer partners;
B)        the
business has been in existence for at least 2 years prior to the date of the
application for an RDP;
C)        the
person identifies 4 or more vehicles registered in the person's name that are
used exclusively in the operation of the business;
D)        the
person does not operate any of the identified vehicles at any time; and
E)        the
person is able to provide the name, address and driver's license number of the
business employees who operate the identified vehicles.
b)         Installation
Required
1)         Anyone
who is required to install a BAIID on all owned vehicles, pursuant to IVC Sections
6-205(h) and 11-501.01(e), and who is granted any driving relief pursuant to
Subpart D of this Part, shall have a BAIID installed on all owned vehicles
within
14 days after the issuance of
driving relief.  The offender must maintain a BAIID on each vehicle for a
period of 1,826 consecutive days.
2)         For
purposes of subsection (b)(1), the period of 1,826 consecutive days begins on
the date that a BAIID is installed on all owned vehicles and ends 1,826 days
later.  This shall be known as the "base period"
installed on all owned vehicles
within
14 days after the issuance of
driving relief.  The offender must maintain a BAIID on each vehicle for a
period of 1,826 consecutive days.
2)         For
purposes of subsection (b)(1), the period of 1,826 consecutive days begins on
the date that a BAIID is installed on all owned vehicles and ends 1,826 days
later.  This shall be known as the "base period".  The base period
remains the same regardless of whether the petitioner adds or replaces vehicles
during the 1,826 consecutive days.  The 1,826-day base period does not begin to
run if a permittee is granted an RDP and only drives a vehicle for which an
employment exemption has been granted.
c)         Verification
of Compliance.  The Secretary shall verify compliance by conducting periodic
checks of the vehicle registration records of BAIID multiple offenders, and by
monitoring compliance with the terms and conditions of the interlock
requirements as provided in Section 1001.441.
1)         If
the Secretary finds evidence of non-compliance with the installation
requirements by a BAIID multiple offender, then the Secretary will send the
offender a letter asking for an explanation for the alleged violation.  If a
response is received within 21 days after the date of the Secretary's letter
and it reasonably assures the Secretary that no violation occurred, no further
action will be taken.  If a response is not received within 21 days or does not
reasonably assure the Secretary, the failure to comply will result in the
immediate cancellation of the driving relief issued.  The cancellation will not
be terminated until the offender comes into compliance.  BAIID multiple
offenders whose driving privileges are cancelled due to violation of the
installation requirements will be required to come into compliance and maintain
compliance for another 1,826 consecutive days
ry, the failure to comply will result in the
immediate cancellation of the driving relief issued.  The cancellation will not
be terminated until the offender comes into compliance.  BAIID multiple
offenders whose driving privileges are cancelled due to violation of the
installation requirements will be required to come into compliance and maintain
compliance for another 1,826 consecutive days.
2)         If the Secretary finds evidence of
non-compliance with the installation requirements by a BAIID multiple offender
who is also a
BAIID permittee as defined in
Section 1001.410 and who, therefore, is issued a restricted driving permit
,
then the Secretary will send the offender a letter asking for an explanation
for the alleged violation.  If a response is received within 21 days after the
date of the Secretary's letter and it reasonably assures the Secretary that no
violation occurred or the violation has been rectified, no further action will
be taken.  If a response is not received within 21 days or does not reasonably
assure the Secretary, the failure to comply will result in the immediate
cancellation of the driving relief issued.  Pursuant to Section 1001.441(g) and
(l), the
BAIID permittee will not be
granted another hearing for 90 days from the date of the cancellation, except
to contest the cancellation
.
3)         If
the Secretary finds evidence of non-compliance with the terms and conditions of
the interlock requirements by a BAIID multiple offender whose driving
privileges have been reinstated, then the offender's driving privileges will be
cancelled for a term of 3 months on the first violation, 6 months on the second
violation, and 12 months on the third and subsequent violations.  At the end of
the period of cancellation, the offender will be required to come into and
maintain compliance for another 1,826 consecutive days
le offender whose driving
privileges have been reinstated, then the offender's driving privileges will be
cancelled for a term of 3 months on the first violation, 6 months on the second
violation, and 12 months on the third and subsequent violations.  At the end of
the period of cancellation, the offender will be required to come into and
maintain compliance for another 1,826 consecutive days.
4)
The Secretary reserves the discretion to cancel a BAIID
multiple offender's
driving privileges
if monitor reports, processed after a hearing is conducted or after the
reinstatement of the BAIID multiple offender's
driving privileges, show a violation of the terms and conditions of the
interlock requirements, including the use of any product intended to prevent
accurate readings by the BAIID.
d)         In addition to installing
a BAIID on every vehicle owned, a BAIID multiple offender is prohibited from
driving any vehicle that does not have a BAIID installed, unless the offender
is granted an employment exemption in accordance with IVC Section 6-205 or 6-206
and Section 1001.441 of this Part.
e)         A BMO
who has been granted driving relief prior to January 1, 2016, or who has had a
hearing prior to January 1, 2016 and the order from that hearing grants driving
relief, is subject to a compliance period of 366 consecutive days.  A BMO who
is granted driving relief and does not complete the requirements of the driving
relief (i.e., payment of reinstatement fee, filing of SR-22 insurance,
completion of vision, written and road exams) within the time required by the
Secretary, whose driving relief is cancelled, whose petition for driving relief
is denied, or who uninstalled the BAIID prior to having the BAIID installed for
366 consecutive days, shall thereafter be subject to a compliance period of
1,826 consecutive days.
f)         The
offender may contest a cancellation entered pursuant to this Section by filing
a petition for a formal hearing pursuant to IVC Section 2-118.

## Nearby sections

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- [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)
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- [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)
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- [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)
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- [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_443. Check the current official text before relying on it. Not legal advice.
