The State of Georgia imposes a mandatory suspension of a driver’s license if a person is convicted of one of the following offenses:

O.C.G.A. §40-5-54

1)       Homicide by Vehicle as Defined in §40-6-393

2)       Any Felony in the Commission of Which a Motor Vehicle is Used

3)       Hit and Run or Leaving the Scene of an Accident in Violation of §40-6-270

4)       Racing on Highways and Streets

5)       Using a Motor Vehicle in Fleeing or Attempting to Elude an Officer

6)       Fraudulent of Fictitious Use of or Application for a License as Provided in §40-5-120 or §40-5-125

7)       Operating a Motor Vehicle with a Revoked, Canceled, or Suspended Registration in Violation of §40-6-15

8)       Any felony violation of Article 1 of Chapter 9 of Title 16 If such offense related to an identification document as defined in §16-9-4 (Manufacturing, Selling, or Distributing a Forged Identification Document)

O.C.G.A. §40-6-391 – Driving Under the Influence of

1)    Alcohol that it is Less Safe to Drive

2)    Drugs that it is Less Safe to Drive

3)    Glue, Aerosol, or Any Toxic Vapor that it is Less Safe to Drive

4)    Alcohol with an Alcohol Concentration of .08 Grams or More

House bill 407, which goes into effect on July 1, 2013 makes changes to the periods of suspension and the methods of returning licenses to drivers. It relates solely to a “second in five” which is a second conviction for arrests that occur within five years of each other. If a second conviction occurs for any offenses listed under §40-5-54, Georgia residents may apply for reinstatement of their license after a 120 day period. Georgia residents convicted under §40-5-54 must also finish an approved Defensive Driving or DUI Alcohol or Drug Risk Reduction program and pay a license restoration fee which ranges from $200-510.

If a second conviction occurs under §40-6-391, Georgia residents must wait a minimum of eighteen (18) months before applying for reinstatement of their licenses. Georgia Residents whose license is suspended for a “second in five” under §40-6-391 must do all of the above including payment of the fine and completion a DUI Alcohol or Drug Risk Reduction program. On top of those requirements they must apply for an ignition interlock device limited driving permit (O.C.G.A. §40-5-64) and provide proof of installation and maintenance of an ignition interlock device for a period of one year.

However, if the Georgia resident who was convicted under §40-6-391 is a member of drug court program or is enrolled in clinical treatment they may apply for an ignition interlock device limited driving permit after 120 days without completing a DUI Alcohol or Drug Risk Reduction program. If for any reason the Georgia resident is granted a waiver from an ignition interlock device, they must wait at least one year from date of suspension before becoming eligible for a limited driving permit.

If for any reason, the court orders installation of an ignition interlock device as a contingency of a resident’s probation, the resident can only drive vehicles that contain the ignition interlock device. They must complete the entire one year ignition interlock period and participate in a substance abuse program.

Finally, if a Georgia resident is a habitual violator of §40-6-391 and has had their license revoked but the court grants eligibility for an ignition interlock device, the Georgia resident must wait two years from the date of conviction for which the eligibility was granted. The following conditions are required before a probationary license is granted in this circumstance: 1) the resident must complete a DUI Alcohol or Drug Risk Reduction Program, 2) the resident has completed a clinical evaluation, 3) the resident has installed an ignition interlock device in any vehicle they are driving, and 4) a ceritifcate of elgigibility for an ignition interlock device is presented by the court. After the one year period, this habitual violator may apply for a renewal of their probationary license without an ignition interlock device.

Any driver operating with an ignition interlock device as required by the court or Department of Driver Services who receives an unsatisfactory report during the ignition interlock period can have their permit revoked by Department of Driver Services. The habitual violator can request a hearing with a payment of $250 regarding the failure to report any ignition interlock issues.

House Bill 407 makes pretty broad changes to the way Georgia residents convicted of a “second in five” can get limited driving privileges and ultimately request reinstatement of their license. It is imperative you understand your right in driving by speaking with a criminal lawyer.