2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 8 - PROBATION (§§ 42-8-1 — 42-8-150) › Article 7 - IGNITION INTERLOCK DEVICES AS PROBATION CONDITION (§§ 42-8-110 — 42-8-118) › Section 42-8-111 - Court issuance of certificate for installation of ignition interlock devices; exceptions; completion of alcohol and drug use risk reduction program; notice of requirements; fees for driver's license

(a)
Upon a second or subsequent conviction of a resident of this state for violating Code Section
40-6-391
within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, for which such person is granted probation, the court shall issue a certificate of eligibility for an ignition interlock device limited driving permit or probationary license, subject to the following conditions:
(1)
Such person shall have installed and shall maintain in each motor vehicle registered in such person's name for a period of not less than one year a functioning, certified ignition interlock device;
(2)
Such person shall have installed and shall maintain in any other motor vehicle to be driven by such person for a period of not less than one year a functioning, certified ignition interlock device, and such person shall not drive any motor vehicle whatsoever that is not so equipped during such period. Upon successful completion of one year of monitoring of such ignition interlock device, the restriction for maintaining and using such ignition interlock device shall be removed, and the permit may be renewed for additional periods of two months as provided in paragraph (2) of subsection (d) of Code Section
40-5-64.1
; and
(3)
Such person shall participate in a substance abuse treatment program as defined in paragraph (16.2) of Code Section
40-5-1
, a drug court division in compliance with Code Section
15-1-15
, a mental health court division in compliance with Code Section
15-1-16
, a veterans court division in compliance with Code Section
15-1-17
, or an operating under the influence court division in compliance with Code Section
15-1-19
for a period of not less than 120 days.
For the purposes of this subsection, a plea of nolo contendere shall constitute a conviction; and a conviction of any offense under the laws of any other state or territory of the United States which, if committed in this state, would be a violation of Code Section
40-6-391
shall be deemed a conviction of violating such Code section.
(b)
The court may, in its discretion, decline to issue a certificate of eligibility for an ignition interlock device limited driving permit or probationary license for any reason or exempt a person from any or all ignition interlock device requirements upon a determination that such requirements would subject such person to undue financial hardship. Notwithstanding any contrary provision of Code Section
40-13-32
or
40-13-33
, a determination of financial hardship may be made at the time of conviction or any time thereafter. If a court grants an exemption from the ignition interlock device requirements, such person shall not be eligible for a limited driving permit or any other driving privilege for a period of one year.
(c)
In the case of any person subject to the provisions of subsection (a) of this Code section, the court shall include in the record of conviction or violation submitted to the Department of Driver Services a copy of the certificate of eligibility for an ignition interlock device limited driving permit or probationary license issued by the court or documentation of the court's decision to decline to issue such certificate. Such certificate shall specify any exemption from the installation requirements of paragraph (1) of subsection (a) of this Code section and any vehicles subject to the installation requirements of paragraph (2) of such subsection. The records of the Department of Driver Services shall contain a record reflecting such certificate, and the person's driver's license, limited driving permit, or probationary license shall contain a notation that the person may only operate a motor vehicle equipped with a functioning, certified ignition interlock device.
(d)
Except as provided in Code Sections
42-8-110.1
and
42-8-112
, no provision of this article shall be deemed to reduce any period of driver's license suspension or revocation otherwise imposed by law.
(e)
The fee for issuance of any driver's license indicating that use of an ignition interlock device is required shall be as prescribed for a regular driver's license in Code Section
40-5-25
, and the fee for issuance of any limited driving permit indicating that use of an ignition interlock device is required shall be as prescribed in Code Section
40-5-64.1
; except that, for habitual violators required to use an ignition interlock device as a condition of a probationary license, the fee shall be as prescribed for a probationary license in Code Section
40-5-58
.
(f)
Exemptions granted due to financial hardship pursuant to subsection (b) of this Code section shall be exempt from the subject matter jurisdiction limitations imposed in Code Sections
40-13-32
and
40-13-33
.
Amended by 2018 Ga. Laws 562,§ 42, eff. 5/8/2018.
Amended by 2016 Ga. Laws 460,§ 8-7, eff. 7/1/2016.
Amended by 2016 Ga. Laws 408,§ 1-7, eff. 7/1/2016.
Amended by 2013 Ga. Laws 280,§ 3, eff. 7/1/2013.
Amended by 2012 Ga. Laws 684,§; 42, eff. 5/1/2012.
Amended by 2012 Ga. Laws 579,§; 6, eff. 1/1/2013.
Amended by 2011 Ga. Laws 89,§; 19, eff. 1/1/2012.
Amended by 2005 Ga. Laws 68,§; 24-4, eff. 7/1/2005.
Amended by 2003 Ga. Laws 9, §; 42, eff. 5/14/2003.
Amended by 2002 Ga. Laws 462, § 42, eff. 4/18/2002.
Amended by 2001 Ga. Laws 161, §1-8, eff. 7/1/2001.