Atlanta DUI – Third Offense

Third Conviction (Within 5 years)

A plea of nolo contendere will be considered a conviction. The court should not accept this plea.


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 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 or 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 re-enrolls in or completes the treatment program. See O.C.G.A. §40-5-64(g)(1)(A) and (B).


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.

It is essential to have an experienced Atlanta DUI attorney on your side to watch out for your best interests. If you have been arrested for a third offense DUI in Georgia, call us today at 404.581.0999 for a free case evaluation.