By now, most people are aware that being convicted of a DUI can cost you your license. While a DUI can result in a license suspension, this is not the only way to lose your license. In fact, there’s a number of criminal offenses that can result in your license being suspended or revoked in the state of Georgia.
For starters, Georgia utilizes a point system for holding drivers accountable to the rules of the road. The Georgia DDS keeps track of convictions for a number of traffic violations and will place a specific number of “points” on your license for each conviction. For example, speeding 15-18 mph over the posted speed limit will result in 2 points being placed on your license. A reckless driving conviction will place 4 points on your license. See the full schedule of points on the DDS’s website. If a driver over 18 years of age accumulates 15 or more points within a 24-month period, their license will be suspended for one year. In contrast, drivers under 18 years of age will suffer suspension if they accumulate just 4 points in a 12-month period. This is intimidating, but there are options to get back on the road in less than a year if your license is suspended because of accumulated points. Usually, drivers can get their license back once they complete a DDS-approved defensive driving school and pay any court fees they owe.
Certain other offenses will also result in a year-long license suspension. Under OCGA §40-5-54, a conviction of evading or attempting to elude a police officer in a vehicle, racing on highways/streets, hit and run, or otherwise using a motor vehicle in the commission of a felony will result in a driver’s license being suspended. After 120 days and completion of defensive driving school, you can apply to have your license reinstated. However, if you are considered a “habitual violator” of these laws, the state reserves the right to revoke your license. In that case, you will only be eligible to apply for a probationary license after two years.
As we’ve discussed before on this blog, a conviction for DUI first in Georgia can result in a license suspension of one year. After 120 days, completion of DUI School, and payment of court fees, drivers can apply for early reinstatement of their license. Any subsequent convictions of DUI will result in harsher penalties. A second DUI incurs an 18-month suspension, and drivers are not eligible for early reinstatement or a Limited Driving Permit. However, 120 days after a license is suspended for DUI second, the license-holder may apply for an Ignition Interlock Device Permit. This enables the driver to drive some places after installing an ignition interlock device into their vehicle. A driver will lose these options if they are convicted of a third DUI, though. DUI third results in a license revocation with no opportunities for a provisional permit. Drivers convicted of a third DUI may still be able to apply for a probationary license after two years.
Another charge commonly associated with DUIs is violation of the Implied Consent law. By driving on a public roadway in Georgia, drivers have granted the State implied consent to chemical testing of their blood, breath, or urine if an officer of the law has reason to believe said driver is under the influence of an intoxicant. (See OCGA 40-5-67.1 for verbatim language of the Georgia Implied Consent notice). If the driver refuses to consent to chemical testing, the state reserves the right to suspend their license for a period of 12 months in consequence for their refusal. Depending on if that driver has been convicted of DUI before, they may be able to apply for a provisional license so that they can still travel to essential locations such as work and school during the period of suspension.
The state of Georgia also reserves the right to suspend a driver’s license indefinitely until that driver fulfills certain legal responsibilities. Namely, if a driver fails to comply with a child support order or respond to a citation, Georgia DDS will suspend their license until they provide proof of compliance or satisfaction of all citation penalties. For example, if you receive a citation for speeding and fail to pay the fine imposed by the court for this minor traffic offense, the state will suspend your license until you pay your speeding ticket.
Of course, hardly anyone in Georgia can afford to lose their license. In a state without many options for transportation other than driving, your license is an essential part of your life. You need a skilled attorney to fight for you against criminal charges that may interfere with your ability to commute to work, school, and other responsibilities. Best & Brock takes pride in protecting our clients’ licenses, and we would be honored to help you find an equitable resolution to your case. Reach out using our online contact form or by calling us at (423) 829 1043 to set up your free consultation!
OFFENSE | SUSPENSION/
REVOCATION |
PROVISIONAL LICENSE OPTIONS | O.C.G.A |
DUI | Suspension (1st/2nd)
Revocation (3rd) |
Limited Driving Permit (1st) or
Ignition Interlock Device Permit (1st & 2nd) |
40-5-57.1 |
IMPLIED CONSENT (REFUSAL) | 1 year suspension | (if no prior DUI) Limited Driving Permit or Ignition Interlock Device Permit | 40-5-55 |
15+ POINTS ON LICENSE in 24 MONTHS | 1 year suspension | (if no prior DUI) Limited Driving Permit | 40-5-57 |
EVADING POLICE IN A VEHICLE | 1 year suspension | (if no prior DUI) Limited Driving Permit | 40-5-54 |
HIT AND RUN | 1 year suspension | (if no prior DUI) Limited Driving Permit | 40-5-54 |
STREET RACING | 1 year suspension | (if no prior DUI) Limited Driving Permit | 40-5-54 |
USING A VEHICLE DURING A FELONY | 1 year suspension | (if no prior DUI) Limited Driving Permit | 40-5-54 |
FAILURE TO RESPOND TO CITATION | Indefinite suspension until citation penalties satisfied | N/A | 40-5-56 |
FAILURE TO COMPLY WITH CHILD SUPPORT ORDER | Indefinite suspension until citation penalties satisfied | N/A | 40-5-54.1 |
Please note that this is not an exhaustive list. This blog is written about Georgia law and may or may not apply in Tennessee. Reach out via our online contact form with any questions or concerns.