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 3A - SUSPENSION OF LICENSE FOR CERTAIN DRUG OFFENSES (§§ 40-5-75 — 40-5-76) › Section 40-5-75 - Suspension of licenses by operation of law; reinstatement

(a)
The driver's license of any person convicted of driving or being in actual physical control of any moving vehicle while under the influence of a controlled substance or marijuana in violation of paragraph (2), (4), or (6) of subsection (a) of Code Section
40-6-391
, or the equivalent law of any other jurisdiction, shall by operation of law be suspended, and such suspension shall be subject to the following terms and conditions:
(1)
Upon the first conviction of any such offense, with no arrest and conviction of and no plea of nolo contendere accepted to such offense 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 for which a conviction is obtained, the period of suspension shall be for not less than 180 days. At the end of 180 days, the person may apply to the department for reinstatement of his or her driver's license. Such license shall be reinstated only if the person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and pays to the department a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail;
(2)
Upon the second conviction of any such offense 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, the period of suspension shall be for three years, provided that after one year from the date of the conviction, the person may apply to the department for reinstatement of his or her driver's license by submitting proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and paying to the department a restoration fee of $310.00 or $300.00 when such reinstatement is processed by mail; and
(3)
Upon the third or subsequent conviction of any such offense 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, such person shall be considered a habitual violator, and such person's license shall be revoked as provided for in Code Section
40-5-58
. A driver's license suspension imposed under this paragraph shall run concurrently with and shall be counted toward the fulfillment of any period of revocation imposed directly under Code Sections
40-5-58
and
40-5-62
, provided that such revocation arose from the same act for which the suspension was imposed.
(b)
Except as provided in Code Section
40-5-76
, whenever a person is convicted of driving or being in actual physical control of any moving vehicle while under the influence of a controlled substance or marijuana in violation of paragraph (2), (4), or (6) of subsection (a) of Code Section
40-6-391
, or the equivalent law of any other jurisdiction, the court in which such conviction is had shall require the surrender to it of any driver's license then held by the person so convicted, and the court shall thereupon forward such license and a copy of its order to the department within ten days after the conviction. The periods of suspension provided for in this Code section shall be governed by subsection (e) of Code Section
40-5-61
.
(c)
Application for reinstatement of a driver's license under paragraph (1), (2), or (3) of subsection (a) of this Code section shall be made on such forms as the commissioner may prescribe and shall be accompanied by proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail. Application for a three-year driving permit under paragraph (3) of subsection (a) of this Code section shall be made on such form as the commissioner may prescribe and shall be accompanied by proof of completion of an approved residential drug treatment program and a fee of $25.00 for such permit.
(d)
Reserved.
(e)
Except as provided in subsection (a) of this Code section, it shall be unlawful for any person to operate any motor vehicle in this state after such person's license has been suspended pursuant to this Code section if such person has not thereafter obtained a valid license. Any person who is convicted of operating a motor vehicle before the department has reinstated such person's license or issued such person a three-year driving permit shall be punished by a fine of not less than $750.00 nor more than $5,000.00 or by imprisonment in the penitentiary for not more than 12 months, or both.
(f)
Licensed drivers who are 16 years of age who are adjudicated in a juvenile court pursuant to this Code section may, at their option, complete a DUI Alcohol or Drug Use Risk Reduction Program or an assessment and intervention program approved by the juvenile court.
(g)
(1)
(A)
Effective July 1, 2016, the department shall be authorized to reinstate, instanter, a driver's license that was suspended pursuant to this Code section for a violation of Article 2 of Chapter 13 of Title 16, or the equivalent law of any other jurisdiction, that occurred prior to July 1, 2015, provided that the driver's license has not been previously reinstated. The provisions of this subparagraph shall not apply to a suspension imposed pursuant to this Code section for a violation of paragraph (2), (4), or (6) of subsection (a) of Code Section
40-6-391
, or the equivalent law of any other jurisdiction, that occurred prior to July 1, 2015, unless ordered by a judge presiding in a drug court division, mental health court division, veterans court division, or operating under the influence court division in accordance with subsection (a) of Code Section
40-5-76
.
(B)
Effective July 1, 2017, the department shall be authorized to reinstate, instanter, a driver's license that was suspended pursuant to this Code section for a violation of Article 1 of Chapter 13 of Title 16, or the equivalent law of any other jurisdiction, that occurred prior to July 1, 2015, provided that the driver's license has not been previously reinstated. The provisions of this subparagraph shall not apply to a suspension imposed pursuant to this Code section for a violation of paragraph (2), (4), or (6) of subsection (a) of Code Section
40-6-391
, or the equivalent law of any other jurisdiction, that occurred prior to July 1, 2015, unless ordered by a judge presiding in a drug court division, mental health court division, veterans court division, or operating under the influence court division in accordance with subsection (a) of Code Section
40-5-76
.
(2)
The department shall make a notation of a suspended driver's license that is reinstated pursuant to paragraph (1) of this subsection on a person's driving record, and such information shall be made available in accordance with Code Section
40-5-2
.
(3)
The driver's license or driving privileges of any person who has a driver's license reinstated in accordance with paragraph (1) of this subsection shall remain subject to any and all applicable disqualifications specified in Article 7 of this chapter.
(4)
The department may promulgate rules and regulations as are necessary to implement this subsection.
Amended by 2020 Ga. Laws 494,§ 1, eff. 7/29/2020.
Amended by 2017 Ga. Laws 275,§ 40, eff. 5/9/2017.
Amended by 2017 Ga. Laws 228,§ 4, eff. 7/1/2017.
Amended by 2016 Ga. Laws 460,§ 4-7, eff. 7/1/2016.
Amended by 2015 Ga. Laws 21,§ 4-18, eff. 7/1/2015.
Amended by 2013 Ga. Laws 127,§ 4-47, eff. 1/1/2014.
Amended by 2013 Ga. Laws 84,§ 15, eff. 7/1/2013.
Amended by 2011 Ga. Laws 89,§ 10, eff. 1/1/2012.
Amended by 2010 Ga. Laws 633,§ 15, eff. 7/1/2010.
Amended by 2009 Ga. Laws 135,§ 7, eff. 7/1/2009.
Amended by 2007 Ga. Laws 44,§ 1, eff. 1/1/2008.
Amended by 2007 Ga. Laws 18,§ 40, eff. 5/11/2007.
Amended by 2006 Ga. Laws 590,§ 11, eff. 7/1/2006.
Amended by 2005 Ga. Laws 68,§ 17-16, eff. 7/1/2005.
Amended by 2004 Ga. Laws 521, § 7, eff. 7/1/2004.