Georgia DUI Law Updates

  

SB 236 License Suspension Reform

Friday, November 23, 2012

On January 1 2013, the license suspension reforms outlined in Georgia Senate Bill 236 will go into effect. We've provided a synopsis of the new law below.

For first DUI conviction in 5 years or a first Administrative License Suspension resulting from a Per Se DUI charge, but not a suspension for an ALS refusal, an individual may apply for a limited driving permit once their arrest has been processed.

A limited permit will be issued if the application indicates that without a permit the applicant would experience “extreme hardship,” in that he/she would be prohibited from:

  • Going to his/her place of employment

  • Receiving scheduled medical care or obtaining prescription drugs

  • Attending a college or school at which he/she is regularly enrolled as a student;

  • Attending regularly scheduled sessions or meetings of support organizations for persons who have addiction or abuse problems related to alcohol or drugs, which organizations are recognized by the commissioner

  • Attending under court order any driver educations or improvement school or alcohol or drug program or course approved by the court which entered the judgment of conviction resulting in suspension of his or her driver's license or by the commissioner

  • Attending court, reporting to a probation office or officer, or performing community service

  • Transporting an immediate family member who does not hold a valid drivers license for work, medical care, or prescriptions or to school.

Upon a second in 5 years, an individual is required to install an ignition interlock device. After serving a 120-day suspension and providing a certificate of eligibility from a drug court program in the court in which he/she was suspended or proof of enrollment in clinical treatment as provided in Code Section 40-5-63.1, an individual may eligible for an ignition interlock device limited driving permit. If granted the IID limited permit, the individual shall be restricted to allow the holder thereof to drive solely for the following purposes:

  • Going to his / her place of employment;

  • Attending a college or school at which he or she is regularly enrolled

  • Attending regularly scheduled sessions or meetings of support organizations for persons who have addiction or abuse problems related to alcohol or drugs, which organizations are recognized by the commissioner

  • Going for monthly monitoring visits with the permit holder's ignition interlock device service provider.

If convicted of third DUI in 5 years, an individual will not be issued an ignition interlock device limited permit or probationary license until 2 years after the conviction from which the suspension arose. After any and all periods of “hard” suspension, an IID limited permit or probationary license shall be issued with the receipt of:

  • Documentation of completion of a DUI Alcohol or Drug Use Risk Reduction Program;

  • Documentation of completion of a clinical evaluation defined in Code Section 40-5-1 and enrolled in a a substance abuse treatment program approved by the Department of Human Services or is enrolled in a drug court program;

  • That such person has installed an ignition interlock device in any vehicle they will operate.

  • a certificate for eligibility for the ignition interlock device permit or probationary license.

The court may, in its discretion, decline to issue a certificate of eligibility for a ignition interlock device limited permit or probationary license FOR ANY REASON or exempt a person from certain ignition interlock device requirements upon a determination that such requirements would cause undue financial hardship.

An ignition interlock device permit is valid for 8 months. Upon successful completion of eight months of monitoring and participation in a substance abuse program treatment program as defined in paragraph (16.2) of Code Section 40-5-1 or a drug court program in compliance with Code Section 15-1-15 for 120 days, the interlock device may be removed and the permit renewed for additional periods of 6 months.

Fees for the administration of drug courts may not exceed $1000 (up from $300). Such fee may be waived in part or in whole or made payable in monthly increments upon a showing of good cause to the prosecuting attorney.

Drivers under 21 years of age convicted of a first DUI in 5 years are not entitled to a limited driving permit and are subject to a 6 month suspension if the individual is shown to have had a BAC below .08 at the time of arrest. For a BAC above .08, the suspension is a mandatory 12 months.

For a second DUI in 5 years, drivers under 21 years of are eligible for a ignition interlock device limited permit after a 120 day suspension.

For a first violation of the terms of eligibility for any limited driving permit, an individual's license will be suspended for one year from the date of violation. For a second violation, the suspension is 5 years.





No legal advice should be obtained from the web site alone. George C. Creal, Jr., P.C. is Georgia Professional Corporation authorized to practice law in the State of Georgia only and all information contained in this web site is intended for use for DUI/DWIs occurring in the State of Georgia. Individuals with DUI/DWIs from outside the State of Georgia should contact a licensed attorney in the state of occurrence of their DUI. Copyright © 2015 George C. Creal, Jr. P.C.
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