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Third DUI Offense
ATLANTA DUI ATTORNEY
Third Conviction (Within 5 years)
A plea of nolo contendere will be considered
a conviction. The court should not accept this
plea.
Suspension
License/privilege to drive will be revoked for
5 years from date of conviction.
Note: The court should notify the defendant that
a third conviction within a 5-year period, as
measured from date of arrest to date of arrest
for which convictions were obtained, will classify
the him/her as a Habitual Violator. The court
should declare the defendant a Habitual Violator,
seize his/her license, and serve him/her with
an official 1189 form. Accordingly, the defendant’s
license will be revoked for a period of 5 years
from the date of conviction O.C.G.A. §40-5-62(a)(1)
Temporary Driving Permit
Two years after the defendant surrendered his
most recently issued license to the court, to
DDS, or the date the conviction was processed
by DDS, the licensee may apply for a Habitual
Violator Probationary License. The defendant may
request the issuance of this application by mailing
his or her request to the following address
Department of Driver Services
PO Box 80447
Conyers, GA 30013
The Habitual Violator Probationary License fee
will be $210.00 (or $200.00 if applied for by
mail).
Note: During the first six months of the probationary
license, the driver will be required to have an
Ignition Interlock Device on any vehicle he or
she operates, if the defendant’s HV was
based upon at least two convictions under O.C.G.A.
§40-6-391.
Note: DDS has the authority to revoke the limited
driving permit if a person is convicted of violating
any state law or local ordinance relating to the
movement of vehicles, is convicted of violating
the conditions endorsed on his/her permit, or
fails to go to or complete the treatment program.
If the permit is revoked, it will not be reissued,
even if the person reenrolls in or completes the
treatment program. See O.C.G.A. §40-5-64(g)(1)(A)
and (B).
Reinstatement
Any person convicted of a third offense under
O.C.G.A. §40-6-391 within a five year period,
shall be required to undergo a clinical evaluation
and, if indicated by such evaluation, must complete
a substance abuse treatment program before the
drivers license will be reinstated, provided that
such evaluation and treatment shall be at such
person's expense except as otherwise provided
by O.C.G.A. §37-7-120. Acceptable proof of
completion of such a program must be submitted
to the Department of Driver Services prior to
license reinstatement, issuance, or restoration.
O.C.G.A. §40-5-63.1
More DUI Information:
Anatomy of
a DUI case in Atlanta
Anatomy
of a DUI case in Georgia
Nystagmus
Implied
Consent Attorney
Atlanta DUI Rights
Two Types of DUI in
Atlanta
Tips
for Hiring a DUI Attorney
The Initial Interview with an Atlanta DUI Attorney
DUI Glossary
Alcohol Impairment Chart
Temporary Permit/License
Reinstatement
MADD Victim Impact Panel
DUI Attorney
Consultation Sheet
Community
Service Verification form
DUI Offenses:
First
Atlanta DUI Offense
Second
Atlanta DUI Offense
Fourth
Atlanta DUI Offense
Criminal Defense
Drug Crime
Drug Crime Penalties
Our DUI Law offices are
located at:
2060 Equitable Building
100 Peachtree Street
Atlanta, Georgia 30303
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