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Georgia License Suspensions and Revocations DUI/DWI Drunk
Driving
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| The State of Georgia considers
dangerous, negligent, or incompetent drivers to be a menace
to the safety of the general public; therefore, you must
not abuse your privilege to drive or you may lose it.
As long as you remain a resident of Georgia, your driving
record will be on file with the Department of Driver Services.
There are three ways by which
you may lose your driving privileges
| Cancellation: |
The Department of Driver Services is
authorized to cancel your license if you fail to
give the required or correct information needed
in your application or if you are otherwise ineligible.
You may reapply once you satisfy the requirements. |
| Revocation: |
When your license is revoked your
driving privileges are terminated and withdrawn
until the end of the period of time prescribed by
the formal action of the Department. At the expiration
of the revocation period, you may apply for a new
license once you satisfy the requirements. |
| Suspension: |
When your license is suspended, your
driving privilege is temporarily withdrawn for a
specific period of time. At the expiration of the
suspension period, you may apply for a license once
you satisfy the requirements. |
Reporting Convictions
After a conviction of a traffic offense,
the court will forward notice of that conviction to the
Department.
Mandatory Suspension
The Department shall suspend a license
for a conviction of any of the following offenses in Georgia
or any other state:
- Homicide by vehicle.
- A conviction for driving under the influence
of alcohol or drugs.
- Any felony in the commission of which
a motor vehicle is used.
- Using a motor vehicle in fleeing or attempting
to elude an officer.
- Fraudulent or fictitious use of, or application
for a license.
- Hit and run or leaving the scene of an
accident.
- Racing.
- If you refuse to take a chemical test
for intoxication, then your license will be suspended
for 12 months.
- Operating a motor vehicle with a revoked,
canceled, or suspended registration in violation of
Code Section 40-6-15.
- Conviction for driving without insurance
is a 60/90-day suspension.
- If convicted for driving while license
is suspended, revoked or canceled, your driver's license
will be further suspended for six months.
- If you fail to appear in court or respond
to a citation, your license may be suspended indefinitely.
- Your driver's license will be suspended
if you are convicted of possession, distribution, manufacture,
cultivation, sale or transfer of a controlled substance
or marijuana.
- The Department is authorized to suspend
your license if its records or other evidence shows
that you have accumulated 15 points within 24 months
under the point system, including violations committed
out of state.
| Points are accumulated for: |
| Reckless Driving |
4 points |
| Unlawful passing school bus |
6 points |
| Improper passing on hill or curve
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4 points |
| Speeding |
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| 15 mph but less
than 19 mph
19 mph but less than 24 mph
24 mph but less than 34 mph
34 mph or more
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2 points
3 points
4 points
6 points |
| Disobedience of any traffic-control
device or traffic officer |
3 points |
| Possessing an open container of an
alcoholic beverage while driving |
2 points |
| Failure to adequately secure a load
|
2 points |
| All other moving violations |
3 points |
| Child restraint - 1st offense |
1 point |
| Child restraint - 2nd and subsequent
offense |
2 points |
Aggressive driving
(A conviction of aggressive driving by a person
under 21 years
of age will result in a suspension of the driver's
license.) |
6 points |
| HOV lane violation - 4th and subsequent
offense. |
1 point |
Mandatory Revocation
Your driver's license will be revoked in
Georgia, if you are convicted of one of the following:
- For any third conviction of a mandatory
suspendable offense within 5 years, you will be declared
a habitual violator. This is a five-year revocation.
- Refusal to submit to a re-examination
of driving skills or knowledge of driving rules after
receiving notice giving reasonable grounds for such
a request.
- If there is sufficient evidence of incompetence
or unfitness to drive, due to incapabilities by reason
of disease, mental or physical disability, or by alcohol
or drug addiction.
Limited Driving Permits
If you are suspended for a first mandatory
conviction, a first or second DUI conviction, or a first
or second points suspension, you may be eligible to apply
for a limited permit. Limited Driving Permits may be obtained
for:
- Going to your place of employment or
performing the normal duties of your occupation.
- Not having a form of transportation to
receive prescribed medical attention or obtaining prescribed
drugs.
- Attending classes at a college or other
regularly scheduled school in which you are enrolled.
- Attending a driver education, or assessment
and treatment program court ordered.
- To and from Ignition Interlock
Centers.
The Department may specify specific places
you may travel to, specific routes of travel, times of
travel, specific vehicles or other restrictions the Department
may deem necessary. A limited permit will be non-renewable
and will become invalid on the expiration date of permit.
Upon the conviction of a second DUI, such
person may apply for and be issued an ignition interlock
device limited driving permit at the end of 12 months
after the suspension of the driver's license. To be eligible
for an interlock permit the licensee must submit proof
of completion of DUI alcohol or drug risk reduction program,
clinical evaluation, enrollment in treatment or completion
of treatment if required by evaluation and installation
of an interlock device. At the end of such six-month ignition
interlock device limited driving permit, driver may apply
for reinstatement of driver's license upon payment of
the proper fee.
Under 21 Years of Age Suspension
The driver's license of any person under
21 years of age convicted of any of the following offenses
shall be SUSPENDED:
- Hit and run or leaving the scene of an
accident in violation of Code Section 4-6-270.
- Racing on highways or streets.
- Using a motor vehicle in fleeing or attempting
to elude an officer.
- Reckless driving.
- Any offense for which four or more points
are assessable under subsection (c) of Code Section
40-5-57.
*Unlawful passing of a school bus.
*Improper passing on a hill or curve.
*Exceeding the speed limit by 24 miles per hour or more.
- Purchasing an alcoholic beverage.
- Driving under the Influence.
- Aggressive Driving, Code Section 40-6-397.
(Item #5)
- Misrepresenting age for purpose of illegally
obtaining any alcoholic beverage (3-3-23 (a) (3)).
- Misrepresenting identity or using false
identification for purpose of purchasing or obtaining
any alcoholic beverage (3-3-23 (a) (5) ).
- The driver's license of any person under
18 years of age who has accumulated a violation point
count of four or more points within any 12 month period.
A person whose driver's license has been
suspended for driving under the influence shall not be
issued a new driver's license without submitting proof
of completion of DUI Alcohol or Drug Use Risk Reduction
Program approved by the Department of Driver Services
and payment of a $210 fee if processed in person or $200
if processed by mail. A person suspended for offenses
other than DUI shall submit proof of the completion of
a Defensive Driving Program approved by the Department
of Driver Services, payment of the same fee as specified
above.
The length of suspension shall be as follows:
A person whose driver's license has been
suspended under subsection (a) of Code Section 40-5-57.1
shall:
Except as otherwise provided by paragraph
(2) of Code Section 40-5-57.1:
(A) Upon a first suspension, be eligible
to apply for and, subject to the requirements of Code
Section 40-5-27 and payment of the required fees,
be issu§ed a new driver's license six months from
the effective date of suspension; and
(B) Upon a second or subsequent such
suspension, be eligible to apply for and, subject
to the requirements of Code Section 40-5-27 and payment
of required fees, be issued a new driver's license
12 months from the effevtive date of suspension.
If the driver's license was suspended for
violation of Code Section 40-6-391 and the driver's alcohol
concentration at the time of the offense was 0.08 grams
or more, be eligible to apply for and, subject to the
requirements of Code Section 40-5-27 and payment of required
fees, be issued a new driver's license 12 months from
the effevtive date of suspension.
How do I get my license reinstated
You may contact the Department Of Driver
Services 678-413-8400, or toll-free 866-754-3687 if calling
from outside metro-Atlanta. Representatives are available
Monday through Friday, 8:00 am until 4:15 pm to assist
with reinstatement questions.
OR
You may submit a letter requesting reinstatement
requirements to: Georgia Department of Driver Services,
Post Office Box 80447, Conyers, Ga. 30013. This request
must contain your name as it appears on your driver's
license, license number, date of birth, correct mailing
address, and your signature.
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William C. Head, Senior Partner
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© 2007 - 2008 Head
Thomas Webb & Willis LLC. All Rights Reserved. |
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