2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 5 - DRIVERS' LICENSES (§§ 40-5-1 — 40-5-179) › Article 3 - CANCELLATION, SUSPENSION, AND REVOCATION OF LICENSES (§§ 40-5-50 — 40-5-74) › Section 40-5-67.2 - Terms and conditions for implied consent license suspension; administrative license suspensions in relation to post-conviction suspension; eligibility for limited driving permit or ignition interlock device limited driving permit

(a)
Any driver's license required to be suspended under subsection (c) of Code Section
40-5-67.1
shall be suspended subject to the following terms and conditions:
(1)
Upon the first suspension pursuant to subsection (c) of Code Section
40-5-67.1
within the previous five years, as measured from the dates of previous arrests for which a suspension was obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be for one year. Not sooner than 30 days following the effective date of suspension, the person may apply to the department for reinstatement of his or her driver's license. Such license shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and pays a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail unless such conviction was a recidivist conviction in which case the restoration fee shall be $510.00 or $500.00 when processed by mail. A driver's license suspended pursuant to Code Section
40-5-67.1
shall not become valid and shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and pays the prescribed restoration fee;
(2)
Upon the second suspension pursuant to subsection (c) of Code Section
40-5-67.1
within five years, as measured from the dates of previous arrests for which suspensions were obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be for three years. The person shall be eligible to apply to the department for license reinstatement not sooner than 18 months following the effective date of suspension. Such license shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and pays a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail unless such conviction was a recidivist conviction in which case the restoration fee shall be $510.00 or $500.00 when processed by mail. A driver's license suspended pursuant to Code Section
40-5-67.1
shall not become valid and shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and pays the prescribed restoration fee; and
(3)
Upon the third or subsequent suspension pursuant to subsection (c) of Code Section
40-5-67.1
within five years, as measured from the dates of previous arrests for which suspensions were obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be for five years. A driver's license suspended pursuant to Code Section
40-5-67.1
shall not become valid and shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and pays the prescribed restoration fee. The driver may apply for a probationary license pursuant to Code Section
40-5-58
after the expiration of two years from the effective date of suspension.
(b)
An administrative license suspension pursuant to Code Section
40-5-67.1
shall be counted toward fulfillment of any period of suspension subsequently imposed as a result of a conviction of violating Code Section
40-6-391
which arises out of the same violation for which the administrative license suspension was imposed. An administrative license suspension pursuant to Code Section
40-5-67.1
shall run concurrently with any revocation of such driver's license pursuant to a subsequent determination that such person is a habitual violator.
(c)
In all cases in which the department may return a license to a driver prior to the termination of the full period of suspension, the department may require such tests of driving skill and knowledge as it determines to be proper, and the department's discretion shall be guided by the driver's past driving record and performance, and the driver shall pay a restoration fee of $210.00 or $200.00 when processed by mail.
(d)
Any other provision of law to the contrary notwithstanding, a driver with no previous conviction for a violation of Code Section
40-6-391
within the previous five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest, during the period of administrative suspension contemplated under this chapter, shall be entitled to a limited driving permit or an ignition interlock device limited driving permit as provided in Code Sections
40-5-64
and
40-5-64.1
.
Amended by 2024 Ga. Laws 701,§ 4, eff. 7/1/2024.
Amended by 2016 Ga. Laws 408,§ 2-5, eff. 7/1/2016.
Amended by 2007 Ga. Laws 18,§ 40, eff. 5/11/2007.
Amended by 2005 Ga. Laws 68,§ 17-15.1, eff. 7/1/2005.
Amended by 2001 Ga. Laws 161, § 2-4, eff. 7/1/2001.
Amended without change by 2001 Ga. Laws 161, § 3-4, eff. 7/1/2001.
See 2001 Ga. Laws 161, § 4-1.