Posted by duijim in on March 25, 2013
Your Georgia Driver’s License, or privilege to drive on the highways of this state, will be suspended if you plead guilty, or are convicted of a DUI. Entering a plea of Nolo Contendere (No Contest) will not stop the suspension of your driver’s license and a plea of Nolo Contendere to DUI will be treated the same as a guilty plea by the Georgia Department of Driver Services (DDS).
How long your Georgia Driver’s License, or privilege to drive on the highways of this state, will be suspended for depends on the number of DUI’s on your driving history.
FIRST OFFENSE WITHIN A FIVE YEAR PERIOD
If this is your first lifetime DUI, or even if it is not your first DUI but it is your first DUI in a 5 year period, your Georgia Driver’s License, or privilege to drive on the highways of this state, will be suspended for a minimum period of 12 months. However, you may get a limited permit to drive for certain activities including for work.
The activities you are allowed for under this limited permit were greatly expanded on January 1, 2013, and are less restrictive than they were in the past. Additionally, you may reinstate your Georgia Driver’s License, or privilege to drive on the highways of this state, after you served 120 days of your 12 month suspension. This is known as early reinstatement.
After the 120 days of suspension have lapsed you may reinstate your Georgia Driver’s License, or privilege to drive on the highways of this state, by submitting proof that you completed a DUI Alcohol/Drug Use Reduction Program, and paying a $210 restoration fee ($200 if restoration is processed by mail). At this point, your Georgia Driver’s License, or privilege to drive on the highways of this state, will be fully reinstated and you are no longer subject to the restrictions of a limited permit or suspended license.
SECOND OFFENSE WITHIN A FIVE YEAR PERIOD
An individual who is convicted of a second DUI within a 5 year period will have their Georgia Driver’s License, or privilege to drive on the highways of this state, suspended for a period of 18 months. Traditionally, the first 12 months of this type of suspension were known as a hard suspension meaning there was no limited permit available for work. However, this law changed on January 1, 2013.
Now, people convicted of a second DUI within a 5 year period may get a limited driving permit after serving a 4 month hard suspension if they submitting proof that they completed a DUI Alcohol/Drug Use Reduction Program, they completed a clinical evaluation performed by a state certified evaluator, the individual obtains permission from the court who sentenced them on their 2nd DUI to get a limited driving permit, and if the individual is enrolled in clinical treatment or a DUI court program.
If the court grants the individual this limited driving permit they must have an ignition interlock device installed on their car for the next 8 months. After this 8 month period the individual is then eligible for a 6 month limited driving permit that does not require the ignition interlock device. After the completion of this 6 month period the individual may fully reinstate their Georgia Driver’s License, or privilege to drive on the highways of this state.
If an individual does not wish to pursue this limited driving permit for a second DUI conviction within a 5 year period that individual may undergo a 12 month hard suspension of their driver’s license with no limited permit. After this 12 month period the individual must then complete a 6 month period with an ignition interlock device on their car.
After this entire 18 month period the individual may fully reinstate their Georgia Driver’s License, or privilege to drive on the highways of this state, by submitting proof that they completed a DUI Alcohol/Drug Use Reduction Program, they completed a clinical evaluation performed by a state certified evaluator (and they complete treatment if the evaluator recommends it), and paying a reinstate fee of $200 by mail ($210 in person).
THIRD OFFENSE WITHIN A FIVE YEAR PERIOD
An individual who is convicted of a third DUI offense within a 5 year period will be declared a Habitual Violator, and they will have their Georgia Driver’s License, or privilege to drive on the highways of this state, revoked for a period of 5 years. The first 2 years of this suspension is a hard suspension with no limited driving permit available.
After the individual has served a suspension period of 2 years that individual may be eligible to get a limited permit for the remaining 3 years of the Habitual Violator suspension. An individual attempting to get this type of limited permit needs to discuss their options with an attorney as there are various technical requirements that must be met in order for this type of limited driving permit to be met.
FOURTH OFFENSE WITHIN A FIVE YEAR PERIOD
An individual convicted of a fourth DUI offense within a 5 year period is facing felony charges. This individual is again facing the 5 year suspension associated with a Habitual Violator suspension, but there is no limited driving permit available after a 2 year period.
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