LICENSE SUSPENSIONS RESULTING FROM CONVICTIONS

LICENSE SUSPENSIONS RESU

Statute Description Pred
O.C.G.A. §32-6-30 Refusal to weigh O.C.G.A. §

O.C.G.A. §40-5-22.1 DUI or drug conviction prior O.C.G.A. §
O.C.G.A. §40-5-30 to age 16 O.C.G.A. §
(Poss. Marj
Violation of license O.C.G.A. §
restriction O.C.G.A. §
(Poss. Dang
O.C.G.A. §

O.C.G.A. §40-5-54 Mandatory suspensions for O.C.G.A. §
serious offenses (Vehicular
O.C.G.A. §
(Leaving Sc
O.C.G.A. §
O.C.G.A. §
(Fleeing/At
O.C.G.A. §
(Fraudulent
Fraudulent
O.C.G.A. §
(Operating
Suspended
Registration
Felony with

Revised August 12, 2013

ULTING FROM CONVICTIONS

dicate Offense(s) Permit Comments
§32-6-30
No *6 month license suspension
§40-6-391 (DUI)
§16-13-2 * Commercial vehicles only
j. Misd.)
§16-13-30 (VGCSA) No *1st Offense: Not eligible for
§16-13-72
gerous Drugs) license until age 17
§40-5-30 *2nd + Offense: No license

§40-6-393(c) until age 18
Homicide-2nd degree)
§40-6-270 No *license suspension up to 6
cene of an Accident) months at discretion of trial
§40-6-186 (Racing) 1st in 5 court
§40-6-395 years
ttempting to Elude) *Suspension terms are found
§§40-5-120 and 125 in O.C.G.A. §40-5-63(a)
t Use of License/
Application)
§40-6-15
Vehicle with
or Revoked
n)
h Vehicle

O.C.G.A. §40-5-57 Points suspension for All moving
accumulation of 15+ points no other sus
within 24 months based
upon incident dates

O.C.G.A. §40-5-57.1 TAADRA O.C.G.A. §4
(Leaving Sc
O.C.G.A. §40-5-57.2 Gas drive off O.C.G.A. §4
Revised August 12, 2013 O.C.G.A. §4
(Fleeing/Att
O.C.G.A. §4
(Reckless D
O.C.G.A. §4
(Aggressive
O.C.G.A. §4
Passing of S
O.C.G.A. §4
(Improper P
O.C.G.A. §4
(Speeding m
O.C.G.A. §3
(Underage P
O.C.G.A. §§
(Misreprese
Purchase Al
O.C.G.A. §4
O.C.G.A. §4

violations for which 1st & 2nd *“Nolo” plea avoids points
spension is imposed 1x every five (5) years-
Only if O.C.G.A. §40-5-57(c)(1)(B)
40-6-270 18+ years *Zero points order avoids
cene of an Accident) old and points 1x every five (5)
40-6-186 (Racing) susp. due years-O.C.G.A. §40-5-
40-6-395 to 4 point 57.1(c)(1)(C)
tempting to Elude) speeding *Points are assessed for each
40-6-390 ticket offense, even if arising from
Driving) a single incident
40-6-397 OR *Nolo pleas are treated as
e Driving) Ignition convictions for drivers under
40-6-163 (Unlawful interlock age 21.
School Bus) permit for *Zero points order avoids
40-6-45 2nd in 5 points 1x every five (5) years
Passing Hill/Curve) years DUI under O.C.G.A. §40-5-
40-6-181 57.1(c)(1)(C) except for
more than 24 mph) reckless driving
3-3-23(a)(2) *Suspension is based upon
Purchasing Alcohol) defendant’s age at the time
§3-3-23(a)(3) or (5) of the conviction.
enting Age to *Points are assessed for each
lcohol Underage) offense, even if arising from
40-6-391 (DUI) a single incident
40-6-255
No Suspension for 2nd+ offense

O.C.G.A. §40-5-57.3 Failure to Yield Resulting in O.C.G.A. §4
O.C.G.A. §40-5-58 Serious Injury
Habitual violator revocation All offenses
O.C.G.A. §40-5-63 based upon 3 convictions §40-5-54
within 5 years based on O.C.G.A. §4
arrest dates O.C.G.A. §4
(Vehicular H
Violation of HV O.C.G.A. §4
Probationary License (Feticide by
O.C.G.A. §4
(a) Mandatory offenses (Serious Inj
All offenses
§40-5-54
O.C.G.A. §4
Violation of
probationary
See O.C.G.A
O.C.G.A. §4
(DUI)

O.C.G.A. §40-5-63 (d) Vehicular homicide (1st O.C.G.A. §§
(cont’d) degree) and serious injury by 6-394
vehicle
(e) and (f) Underage O.C.G.A. §3
possession of Alcohol (if not (Possession
covered in O.C.G.A. §40-5- while opera

Revised August 12, 2013

40-6-77 No Applies to 2nd or subsequent
After 2 conviction within 5 years
s listed in O.C.G.A. years *Multiple offenses from
single incident each count
40-6-391 (DUI) No toward revocation.
40-6-393 *Felony convictions for
Homicide) 1st in 5 violating O.C.G.A. §40-5-58
40-6-393.1 years count as HV contributors
y Vehicle) OR (felony with vehicle)
40-6-394 Ignition *No license consequence for
jury by Vehicle) interlock convictions for HV (misd)
s listed in O.C.G.A. permit for *Adds 2 year suspension
2nd DUI in unless remaining period of
40-6-391 (DUI) 5 years original revocation is longer.
f the terms of the No *No license consequence for
y license other convictions
A. §40-5-54, supra No
40-6-391 * DUI of drugs is treated like
convictions for VGCSA
§40-6-393(a) and 40- pursuant to O.C.G.A. §40-5-
63(a).
3-3-23 *Interlock permit available
must be committed after first 120 days of
ating a vehicle) suspension
*Clinical evaluation and
treatment required for 2nd+
DUI in 10 years for incidents
on or after 07/01/2008

*Nolo plea will NOT avoid
suspension (incl. 2nd degree
vehicular homicide)
*Conditional discharge for
underage possession while
operating vehicle avoids

O.C.G.A. §40-5-64 57.1) and attempting to Moving vio
O.C.G.A. §40-5-70 purchase alcohol of permit lim
Limited permit revocation O.C.G.A. §4

Insurance convictions

O.C.G.A. §40-5-75 Drug convictions O.C.G.A. §1
O.C.G.A. §§
16-13-56

O.C.G.A. §40-5-121 Driving on suspended O.C.G.A. §4
license
O.C.G.A. §4
O.C.G.A. §40-6-189 Superspeeder O.C.G.A. §4
O.C.G.A. §4

Revised August 12, 2013

suspension

olations and violations No Additional six (6) month
mitations No suspension
40-6-10
Authorized Nolo plea to 1st offense
16-13-2 by drug within 5 years avoids
§16-13-20 through court suspension, but 2nd offense
(including another nolo)
40-5-121 OR treated as 2nd offense.
40-6-160 O.C.G.A. §40-5-70(d).
40-6-181 3rd
40-6-189 in *Suspensions run
5 years consecutively to any existing
suspension or revocation
No *First offender and
conditional discharge avoid
No license suspension (1x
lifetime)
*Nolo plea to 1st offense in 5
years misdemeanor
marijuana avoids suspension
if DUI school completed
within 120 days of
sentencing.

Nolo plea avoids additional
license suspension once
every 5 years.

*Applies to anyone
convicted of speeding at 85
mph or more on any road, or
75 mph or more on any 2-
lane road

WITHDRAWALS OF COMMER

Statute Description Pred
O.C.G.A. §
O.C.G.A. §40-5-151(a) 1st “Major” Conviction O.C.G.A. §
O.C.G.A. §
O.C.G.A. §40-5-151(b) 1st “Major” Offense while O.C.G.A. §
transporting hazardous O.C.G.A. §
materials Felony with
O.C.G.A. §
O.C.G.A. §
O.C.G.A. §
O.C.G.A. §
O.C.G.A. §
O.C.G.A. §
O.C.G.A. §
Commercia
Refusal (im
O.C.G.A. §
O.C.G.A. §
O.C.G.A. §
O.C.G.A. §
O.C.G.A. §
Felony with
O.C.G.A. §
O.C.G.A. §
O.C.G.A. §
O.C.G.A. §
O.C.G.A. §
O.C.G.A. §
O.C.G.A. §
Commercia
Refusal (im

Revised August 12, 2013

RCIAL DRIVING PRIVILEGES

dicate Offense(s) Permit Comments
§40-6-391
§40-6-270 No 1 year disqualification
§40-6-271
§40-6-272 No 3-year disqualification
§40-6-273
h Vehicle
§40-5-146(b)(1)
§40-6-393
§40-6-186
§40-6-395
§40-5-120
§40-5-125
§40-6-15
al vehicle/cargo theft
mplied consent)
§40-6-391
§40-6-270
§40-6-271
§40-6-272
§40-6-273
h Vehicle
§40-5-146(b)(1)
§40-6-393
§40-6-186
§40-6-395
§40-5-120
§40-5-125
§40-6-15
al vehicle/cargo theft
mplied consent)

O.C.G.A. §40-5-151(c) 2nd “Major” Conviction O.C.G.A. §
O.C.G.A. §
*must be from separate O.C.G.A. §
incidents O.C.G.A. §
O.C.G.A. §
O.C.G.A. §40-5-151(e) Use of CMV in Felony with
commission of any felony O.C.G.A. §
involving a controlled O.C.G.A. §
substance or marijuana O.C.G.A. §
(other than mere felony O.C.G.A. §
possession) O.C.G.A. §
O.C.G.A. §
O.C.G.A. §
Commercia
Refusal (im
VGCSA

Revised August 12, 2013

§40-6-391 No Lifetime disqualification
§40-6-270 No Lifetime disqualification
§40-6-271
§40-6-272
§40-6-273
h Vehicle
§40-5-146(b)(1)
§40-6-393
§40-6-186
§40-6-395
§40-5-120
§40-5-125
§40-6-15
al vehicle/cargo theft
mplied consent)

O.C.G.A. §40-5- 2nd “Serious” Violation Speeding (1
151(f)(1) within 3 years Reckless dr
*must be from separate Following t
O.C.G.A. §40-5- incidents Improper o
151(f)(2) Any violati
3rd “Serious” Violation (other than
O.C.G.A. §40-5- within 3 years RXR grade
151(g)(1) *must be from separate (non-comm
incidents Driving a C
Driving CM
Violation of out-of-service person
order Driving CM
class licens
Texting wh
Speeding (1
Reckless dr
Following t
Improper o
Any violati
(other than
RXR grade
(non-comm
Driving a C
Driving CM
person
Driving CM
class licens
Texting wh
O.C.G.A. §

Revised August 12, 2013

15 mph +) No 60-day disqualification
riving
too closely No 120-day disqualification
or erratic lane change (runs consecutively to 60-day
ion from a fatal crash disqualification if it has not
veh. hom.) yet expired)
e crossing violation
mercial vehicle) No 1st: 180 days to 1 year
CMV without a CDL 2nd: 2-5 years
MV without CDL on 3rd +: 3-5 years

MV without proper
se or endorsements
hile operating a CMV
15 mph +)
riving
too closely,
or erratic lane change;
ion from a fatal crash
veh. hom.)
e crossing violation
mercial vehicle)
CMV without a CDL
MV without CDL on

MV without proper
se or endorsements
hile operating a CMV
§40-5-146(b)(2)

O.C.G.A. §40-5- Violation of out-of-service O.C.G.A. §
151(g)(3) order while transporting
HM or 15+ passengers
O.C.G.A. §40-5-
151(k)(1) Railroad grade crossing O.C.G.A. §
violation in CMV O.C.G.A. §
O.C.G.A. §
O.C.G.A. §

Revised August 12, 2013

§40-5-146(b)(2) No 1st: 180 days to 2 years
2nd+ in 10 years: 3-5 years
§40-6-140
§40-6-141 No 1st: 60 days
§40-6-142 2nd in 3 years: 120 days
§40-6-143 3rd + in 3 years: 1 year

WITHDRAWALS NOT PRED

Statute Description Pred
O.C.G.A. §17-10-3 Court ordered suspension As set by th
O.C.G.A. §40-5-22 exceed term
O.C.G.A. §40-5-22 School attendance or One year or
O.C.G.A. §40-5-26 conduct violations whichever i
O.C.G.A. §40-5-50 Denial Indefinite u
resolved
O.C.G.A. §40-5-54.1 Parent requested At least thre
O.C.G.A. §§40-5-56 revocation age eighteen
and 17-6-11 Cancellation due to Indefinite u
O.C.G.A. §40-5-59 ineligibility or failure to information
provide required
information Indefinite u
Failure to Pay Child Support Enf
Support Indefinite u
Failure to Appear court
Indefinite u
Medical Revocation

O.C.G.A. §40-9-1, et Safety responsibility Indefinite u
seq. judgment sa

Revised August 12, 2013

DICATED ON CONVICTIONS

dicate Offense(s) Permit Comments
he court, but not to Yes
m of sentence
r until age 18, Yes
is earlier
until out-of-state issue No

ee (3) months or until No Only available to person who

n signed for child to obtain DL

until eligible or required Examples include social

n provided security cancellations and

cancellations due to

withdrawals in other states

until released by Child No

forcement

until released by trial No

until condition resolved No DDS accepts reports from
doctors, courts, law
until surety posted or enforcement, prosecutors,
atisfied and the public

No

MISCELLANEOUS

O.C.G.A. §40-5-53 requires courts to compel a defendant to surren
offense for which a driver’s license suspension is imposed, and all c
ten (10) days of the conviction.

DDS imposes license suspensions upon non-residents who are con
not imposed upon non-residents. Their points-bearing convictions a

The DDS treats convictions imposed upon residents by courts in
whatever penalty is mandated for such convictions. O.C.G.A. §40-5

Most suspensions and revocations begin on the date of the convic
calculating the driver’s eligibility for reinstatement until he or she s
date that the conviction goes onto the defendant’s driving record, th

All suspensions resulting from convictions, including points suspen
of law, and the customer has legal notice thereof upon his/her conv
license thereafter requires no additional evidence of actual notice.

A customer’s points balance can be reduced by seven (7) points
defensive driving course at approved driver improvement clinic. O
every five (5) years.

LIMITED DRIV

Limited driving permits allow a defendant to continue driving wh
limited, specific reasons. Senate Bill 236 (2012) enacted substantia
ignition interlock limited driving permit after serving the first 12
interlock permit for eight (8) months, then become eligible for
suspension.

Revised August 12, 2013

S INFORMATION

nder his or her driver’s license when he or she is convicted of any
convictions for traffic offenses must be reported to the DDS within

nvicted of offenses for which a suspension is mandated. Points are
are reported to their home jurisdictions. O.C.G.A. §40-5-51.

n other jurisdictions as if they occurred in Georgia and imposes
5-52.

ction that causes the withdrawal. However, the DDS cannot begin
surrenders his or her driver’s license. If not surrendered prior to the
he time starts as of that date. O.C.G.A. §40-5-61(e).

nsions imposed pursuant to O.C.G.A. §40-5-57, occur by operation
viction. O.C.G.A. §40-5-60. Prosecution for driving on suspended

s, though no lower than zero (0), upon successful completion of
O.C.G.A. §40-5-86. This relief is available to each customer once

VING PERMITS

hile his/her driving privilege is suspended or revoked, but only for
al changes to O.C.G.A. §40-5-64. Customers become eligible for an
20 days of the suspension for a “2nd if 5” DUI. They will hold

a non-interlock permit for the remaining six (6) months of the

Permissible uses of interlock permits are limited to the following:

-Going to the holder’s place of employment;
-Attending a college or school at which he or she is regularly
-Attending regularly scheduled sessions or meetings of treat
abuse problems related to alcohol or other drugs, which orga
-Going for monthly monitoring visits with the permit holder

Senate Bill 236 deleted the language allowing travel for the no
permissible uses of interlock permits. This change was made at th
with the federal interlock requirements for multiple DUI offenders i

The financial hardship exception language remains in O.C.G.A. §4
from the time limitations of O.C.G.A. §§40-13-32 and 40-13-33.
type of permit, so they serve a “hard” 18-month suspension. A defe
an interlock waiver. State v. Villella, 266 Ga. App 499 (2004).
requirement using an out-of-state interlock service provider. Mor
permit to a non-resident.

The permissible uses of non-interlock permits issued pursuant to O.

-Going to the holder’s place of employment;
-Receiving scheduled medical care or obtaining prescription
-Attending a college or school at which he or she is regularly
-Attending regularly scheduled sessions or meetings of treat
abuse problems related to alcohol or other drugs, which orga
court order any driver education or improvement school or a
entered the judgment of conviction resulting in suspension o
-Attending court, reporting to a probation office or officer, o
-Transporting an immediate family member who does not ho
or to school.

Revised August 12, 2013

y enrolled as a student;
tment support organizations for persons who have addiction or
anizations are recognized by the commissioner; and
r's ignition interlock device service provider.

ormal duties of the holder’s occupation and for medical care as
he request of NHTSA so that Georgia would remain in compliance
in 23 U.S.C. §164 and 23 C.F.R. Part 1275.

42-8-111(a)(1). House Bill 269 (2011) exempts interlock waivers
Customers exempted from interlock are not eligible for any other
endant’s decision to move out-of-state alone cannot be the basis for

Defendants who move out-of-state cannot satisfy the interlock
reover, the DDS cannot issue an ignition interlock limited driving

.C.G.A. §40-5-64 were expanded:

n drugs;
y enrolled as a student;
tment support organizations for persons who have addiction or
anizations are recognized by the commissioner; -Attending under
alcohol or drug program or course approved by the court which
of his or her driver's license or by the commissioner;
or performing community service; or
old a valid driver's license or work, medical care, or prescriptions