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Georgia Drivers License Suspensions

There are different ways your Georgia drivers license can be suspended for convictions for traffic offenses that occur within the state. For certain Georgia traffic violations, your license will be suspended upon conviction. The length of suspension may differ based on the offense. Your license will also be suspended if you accumulate a certain number of points within a specific time period. There are different suspensions for drivers under 18, drivers 18 to 21, and finally drivers 21 and over. In certain circumstances a limited driving permit will be available for drivers.

Mandatory Suspensions for Certain Traffic Convictions (Non-DUI)

Age 21 and Over

For drivers 21 and over, a mandatory suspension will occur if you are convicted of any of the following traffic violations:

  • Any felony in the commission of which a motor vehicle is used

    • Can you plead nolo contendere to avoid the license suspension - Yes, if the defendant is at least 18 years of age at time of disposition.

    • Suspension upon conviction – Yes; 120 day period beginning on effective date.

    • Limited Driving Permit – Yes - $25, valid for 1 year from date of issuance, renewable.

    • Note: Includes felony controlled substance offenses wherein a motor vehicle was used.

  • Operating a Motor Vehicle with a Revoked, Cancelled, or Suspended Registration O.C.G.A. §40-6-15

    • Can you plead nolo contendere to avoid the license suspension – Yes, one plea of nolo contendere in any five year period for the first adjudication will avoid the license suspension (SB100, 2015) if no previous mandatory suspensions or DUI convictions within 5 years as measured from dates of arrest

    • Suspension – Yes; 120 day period beginning on effective date.

    • Limited Driving Permit – Yes - $25, valid for 1 year from date of issuance, renewable.

  • Racing on Highways or Streets O.C.G.A. §40-6-186

    • Can you plead nolo contendere to avoid the license suspension – Yes, if the defendant is at least 21 years at the time of disposition and has no previous mandatory suspensions within 5 years.

    • Suspension upon conviction – Yes; 120 day period beginning on effective date.

    • Limited Driving Permit – Yes - $25, valid for 1 year from date of issuance, renewable.

  • Hit & Run/Leaving the Scene of an Accident O.C.G.A. §40-6-270

    • Can you plead nolo contendere to avoid the license suspension – Will not avoid the license suspension.

    • Suspension – Yes; 120 day period beginning on effective date.

    • Limited Driving Permit – Yes - $25, valid for 1 year from date of issuance, renewable.

  • Homicide by Vehicle (2nd Degree) O.C.G.A. §40-6-393 (c)

    • Can you plead nolo contendere to avoid the license suspension –No.

    • Suspension upon conviction – Yes; 120 day period beginning on effective date.

    • Limited Driving Permit – Yes - $25, valid for 1 year from date of issuance, renewable.

  • Using a Motor Vehicle in Fleeing or Attempting to Elude an Officer O.C.G.A. §40-6-395

    • Can you plead nolo contendere to avoid the license suspension – No.

    • Suspension – Yes; 120 day period beginning on effective date.

    • Limited Driving Permit – Yes - $25, valid for 1 year from date of issuance, renewable.

FOR ALL OFFENSES ABOVE: Note: If there is a DUI conviction within 5 years as measured from arrest dates, then the license consequences would be found in the next section as this would be considered a second adjudication. Reinstatement Requirements: • Submit an original certificate of completion of a DDS approved defensive driving clinic; • Remit a $210.00 reinstatement fee (or $200.00 if reinstatement is applied for by mail).

FOR A SECOND ADJUDICATION IN FIVE YEARS FOR ALL OFFENSES ABOVE:

  • Can you plead nolo contendere to avoid the license suspension – No.

  • Suspension - Yes; 120 day period beginning on effective date. Please note: DUI conviction counts with the mandatories.

  • Limited Driving Permit – No.

  • Reinstatement Requirements: • Submit an original certificate of completion of a DDS approved defensive driving clinic or an Alcohol/Drug Use Risk Reduction Program; • Remit a $210.00reinstatement fee (or $200.00if reinstatement is applied for by mail).

FOR A THIRD ADJUDICATION IN FIVE YEARS FOR ALL OFFENSES ABOVE:

  • Can you plead nolo contendere to avoid the license suspension – No.

  • Suspension - Defendant shall be declared an Habitual Violator

Homicide by Vehicle (1st Degree) O.C.G.A. §40-6-393(a) AND Serious Injury by Vehicle O.C.G.A. §40-6-394 First or Second Adjudication in Five Years

  • Can you plead nolo contendere to avoid the license suspension – No.

  • Suspension - Yes; 3 year period beginning on effective date.

  • Limited Driving Permit – No. Reinstatement Requirements: None – ages off the record.

 Under 21 Years of Age

For drivers under 21, your license will be suspended if you are convicted of any of the following offenses:

  • Hit and run or Leaving the scene of an accident, O.C.G.A. §40-6-270

  • Racing on highways or streets, O.C.G.A. §40-6-186

  • Using a motor vehicle in fleeing or attempting to elude an officer, O.C.G.A. §40-6- 395

  • Reckless driving, O.C.G.A. §40-6-390

  • Any offense for which four or more points are assessable under O.C.G.A. §40-5- 57(c), which includes; Improper passing on a hill or a curve, O.C.G.A. §40-6-45(a)(1)

  • Unlawful passing of a school bus, O.C.G.A. §40-6-163

  • Exceeding the speed limit by 24 mph or more, O.C.G.A. §40-6-181

  • Aggressive driving, O.C.G.A. §40-6-397

  • Driving Under the Influence, O.C.G.A. §40-6-391

  • Accumulation of 4 or more points in any 12 month period by a person under the age of 18

Drivers under 21 cannot enter a plea of nolo contendere to avoid points or a suspension. For all offenses except DUI, a first suspension is for six months and there are no limited permits available unless the suspension is due to a 4 point speeding offense, you are 18 and over and the sentencing judge, in their discretion, orders the limited driving permit. A second mandatory suspension for drivers under 21 is a 12 month suspension. For DUI convictions, it depends on whether a blood, breath, or urine test was provided and the results of that test. A first DUI suspension for drivers under 21 is a minimum of 6 months and a maximum of 12 months.

 

DUI Suspensions (for Non DUI Drugs Offenses)

Age 21 and over

First Conviction (Within 5 years):

  • Suspension – Yes; 120 day period beginning on effective date.

  • Limited Driving Permit – Yes, if no convictions for mandatory suspendable offenses within the past 5 years - $25, renewable, valid for 1 year from date of issuance.

  • Reinstatement Requirements: • Submit an original certificate of completion of a DDS approved DUI Alcohol or Drug Use Risk Reduction Program; • Remit a $210.00 reinstatement fee (or $200.00 if reinstatement is processed by mail).

Second Conviction (Within 5 years):

  • Suspension - Yes; 18 month period beginning on effective date.

  • Limited Driving Permit - Yes; provided, however, that the licensee will only become eligible for an Ignition Interlock Device (IID) Permit after serving a 120 day hard suspension.

    • To be eligible for an IID Permit, the licensee must satisfy the following requirements:

      • Submit an original certificate of completion of a DDS approved Alcohol or Drug Use Risk Reduction Program;

      • Submit official proof of enrollment in, or an original certificate of completion of, a Department of Behavioral Health and Developmental Disabilities (DBHDD ) approved substance abuse treatment program, if so required by the clinical evaluation, or permission from the court if adjudicated in DUI Court Program;

      • Submit proof of installation of an Ignition Interlock Device from a DDS approved vendor. • Remit a $25.00 permit fee.

  • Reinstatement Requirements (after 120 days of hard suspension, 12 months of ignition interlock, and the remaining time with a non-interlock limited permit):

    • Provide proof that an ignition interlock device was maintained in a motor vehicle for a period of twelve months, without incident, pursuant to the conditions described above (not required for non-Georgia resident; instead, individual must serve an 18- month hard suspension), or

    • Order from the sentencing court exempting the person from the requirements of an ignition interlock device because of undue financial hardship (but will suffer a twelve month hard suspension), and

    • Show proof of completion of a substance abuse treatment program (if required by the clinical evaluation). If proof of completion was submitted prior to the issuance of the limited permit, no additional proof will be required for reinstatement of the license. If no treatment has been recommended by the evaluator, then a Requirements Met certificate must be presented in lieu of treatment completion; and

    • Remit a $210.00 reinstatement fee (or $200.00 if reinstatement is processed by mail).

Third Conviction (Within 5 years) - Habitual Violator:

  • Suspension - Yes; 5 year period beginning on effective date

  • Limited Driving Permit - No. However, the licensee may make application for a probationary license pursuant to O.C.G.A. §40-5-58 after a minimum suspension period of 2 years after the date of conviction of the underlying DUI.

  • Reinstatement Requirements:

    • Submit an original certificate of completion of a DDS approved DUI Alcohol or Drug Risk Reduction Program; and,

    • Remit a $210.00 reinstatement fee (or $400.00 if processed by mail).

Under 21 Years of age

First Adjudication (Within 5 years) if:

  • The Blood Alcohol Concentration (BAC) was less than 0.08 grams; or,

  • No Test was given; or,

  • The Test Results were suppressed.

    • Suspension – Yes; 6 month period beginning on effective date.

    • Limited Driving Permit – No.

    • Reinstatement Requirements:

      • Submit an original certificate of completion of a DDS approved DUI Alcohol or Drug Use Risk Reduction Program;

      • Remit a $210.00 reinstatement fee (or $200.00 if applied for by mail).

First Adjudication (Within 5 years) with a previous suspension pursuant to O.C.G.A. § 40-5-57.1:

  • Suspension – Yes; 12 month period beginning on effective date.

  • Limited Driving Permit – No.

First Adjudication (Within 5 years) provided that:

  • Blood Alcohol Concentration (BAC) 0.08 grams or greater; or,

  • Implied Consent Refusal (defendant did not comply with the request for state administered chemical test).

    • Suspension – Yes; 12 month period beginning on effective date.

    • Limited Driving Permit – No.

    • Reinstatement Requirements:

      • Submit an original certificate of completion of a DDS approved DUI Alcohol or Drug Use Risk Reduction Program;

      • Remit a $210.00 reinstatement fee (or $200.00 if applied for by mail).

Second Adjudication - Same as for an adult

  • Suspension - Yes; 18 month period beginning on effective date.

  • Limited Driving Permit - Yes; provided, however, that the licensee will only become eligible for an Ignition Interlock Device (IID) Permit after serving a 120 day hard suspension.

    • To be eligible for an IID Permit, the licensee must satisfy the following requirements:

      • Submit an original certificate of completion of a DDS approved Alcohol or Drug Use Risk Reduction Program;

      • Submit official proof of enrollment in, or an original certificate of completion of, a Department of Behavioral Health and Developmental Disabilities (DBHDD ) approved substance abuse treatment program, if so required by the clinical evaluation, or permission from the court if adjudicated in DUI Court Program;

      • Submit proof of installation of an Ignition Interlock Device from a DDS approved vendor. • Remit a $25.00 permit fee.

  • Reinstatement Requirements (after 120 days of hard suspension, 12 months of ignition interlock, and the remaining time with a non-interlock limited permit):

    • Provide proof that an ignition interlock device was maintained in a motor vehicle for a period of twelve months, without incident, pursuant to the conditions described above (not required for non-Georgia resident; instead, individual must serve an 18- month hard suspension), or

    • Order from the sentencing court exempting the person from the requirements of an ignition interlock device because of undue financial hardship (but will suffer a twelve month hard suspension), and

    • Show proof of completion of a substance abuse treatment program (if required by the clinical evaluation). If proof of completion was submitted prior to the issuance of the limited permit, no additional proof will be required for reinstatement of the license. If no treatment has been recommended by the evaluator, then a Requirements Met certificate must be presented in lieu of treatment completion; and

    • Remit a $210.00 reinstatement fee (or $200.00 if reinstatement is processed by mail).

Third Conviction - Habitual Violator:

  • Suspension - Yes; 5 year period beginning on effective date

  • Limited Driving Permit - No. However, the licensee may make application for a probationary license pursuant to O.C.G.A. §40-5-58 after a minimum suspension period of 2 years after the date of conviction of the underlying DUI.

  • Reinstatement Requirements:

    • Submit an original certificate of completion of a DDS approved DUI Alcohol or Drug Risk Reduction Program; and,

    • Remit a $210.00 reinstatement fee (or $400.00 if processed by mail).

DUI Suspensions for DUI Drugs Convictions

Age 21 and over

First Conviction (within 5 years):

  • Suspension - Yes; 180 day period beginning on effective date.

  • Limited Driving Permit – Maybe; only if adjudicated in an official accountability court and meet the requirements of O.C.G.A. §40-5-76(a).

  • Reinstatement Requirements:

    • Submit an original certificate of completion of a DDS approved DUI Alcohol or Drug Risk Reduction Program;

    • Remit a $210.00 reinstatement fee (or $200.00 if processed by mail).

Second Conviction (Within 5 years):

  • Suspension – Yes; 1 year period beginning on effective date.

  • Limited Driving Permit – Maybe; only if adjudicated in an official accountability court and meet the requirements of O.C.G.A. §40-5-76(a).

    • Submit an original certificate of completion of a DDS approved DUI Alcohol or Drug Risk Reduction Program;

    • Remit a $210.00 reinstatement fee (or $300.00 if processed by mail).

Third Conviction (Within 5 years) - Habitual Violator:

  • Suspension - Yes; 5 year period beginning on effective date

  • Limited Driving Permit - No. However, the licensee may make application for a probationary license pursuant to O.C.G.A. §40-5-58 after a minimum suspension period of 2 years after the date of conviction of the underlying DUI.

  • Reinstatement Requirements:

    • Submit an original certificate of completion of a DDS approved DUI Alcohol or Drug Risk Reduction Program; and,

    • Remit a $210.00 reinstatement fee (or $400.00 if processed by mail).

Points Based Suspensions 

Age 21 and over

If you are 21 or over, your license will be suspended when you accumulate your 15th point during any 2 year period. That 2 year period is constantly evolving, so if you continue to accumulate points while you are close to 15, your license will continue getting suspended. Points will drop off your record two years after conviction.

The suspension schedule is as follows:

First Assessment in Five Years

  • Suspension - Yes; 1 year period beginning on the effective date (early return available, see below).

  • Limited Driving Permit - Yes - $25, valid for 1 year from date of issuance, renewable.

  • Reinstatement requirements: Licensee may reinstate immediately, provided that he/she: • Submits an original certificate of completion of a DDS approved Defensive Driving Course; • Remits a $210.00 reinstatement fee (or $200.00 if reinstatement is applied for by mail).

Second Assessment in Five Years

  • Suspension - Yes; 3 year period beginning on the effective date (early return available, see below).

  • Limited Driving Permit - Yes - $25, valid for 1 year of issuance, renewable.

  • Reinstatement requirements: Licensee may reinstate immediately, provided that he/she: • Submits an original certificate of completion of a DDS approved Defensive Driving Course; • Remits a $310.00 reinstatement fee (or $300.00 if reinstatement is applied for by mail).  

Third Assessment in Five Years

  • Suspension - Yes; 2 year period beginning on the effective date, no early return available.

  • Limited Driving Permit - No.

  • Reinstatement requirements: • Submits an original certificate of completion of a DDS approved advanced Defensive Driving Course; • Remits a $410.00 reinstatement fee (or $400.00 if reinstatement is applied for by mail).

 

Over 18 but Under 21 

If you are over 18 but under 21, you have the same 15 points before your license is suspended. However, if you are convicted of any violation that carries 4 points or more, your license will be suspended. There is no limited permit if you are convicted of a 4 point offense and under 21.

 

Under 18 Years of Age

If you are under 18 years of age, any convictions where a total of 4 points are accumulated will suspend your license. That could be one single 4 point conviction or any other combination of points based convictions that total 4 points. There is no limited permit for drivers under 18 years of age.

 

Limited Driving Permits

A limited driving permit costs $25 and can be acquired at the Georgia Department of Drivers Services. It is only available for drivers with a Georgia drivers license. A limited permit can be used for the following purposes:

  • Going to the holder’s place of employment, or perform the normal duties of his/her occupation;

  • Receiving scheduled medical care or obtaining prescription drugs;

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

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

  • Attending under court order any driver education 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 driver's license to work, medical care, or prescriptions or to school or

  • Attending any program, event, treatment, or activity ordered by a judge presiding in an accountability court.

Your limited driving permit will be revoked if you are convicted of any moving violation under Georgia law while driving on a limited permit.

As you can see, rules and regulations regarding Georgia drivers license suspensions can be very lengthy and specifi cbased on your situation. If you have a question regarding your Georgia drivers license, traffic violations, and potential Georgia drivers license suspension, call today at 678-753-6431 and I will be happy to answer your Georgia drivers license question.