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 4 - RESTORATION OF LICENSES TO PERSONS COMPLETING DEFENSIVE DRIVING COURSE OR ALCOHOL OR DRUG PROGRAM (§§ 40-5-80 — 40-5-88) › Section 40-5-81 - Certification and approval of courses by department; prohibited behavior by a clinic or program

(a)
Any defensive driving course or defensive driving program at which attendance is required by court order shall conform to the requirements of this article. When a defensive driving course, defensive driving program, or DUI Alcohol or Drug Use Risk Reduction Program is required by a court having jurisdiction over misdemeanor traffic law offenses or by any prosecuting attorney thereof, such course or program shall be certified or approved by the department under the provisions of Code Sections
40-5-82
and
40-5-83
, as applicable. Certificates of completion from unlicensed defensive driving courses shall not be recognized for any purposes under this article.
(b)
Whenever any person is authorized or required to attend a driver improvement clinic or DUI Alcohol or Drug Use Risk Reduction Program as a condition of any sentence imposed under this title or any ordinance enacted pursuant to this title or as a condition of the retention or restoration of the person's driving privilege, such person, in complying with such condition, shall be authorized to attend any driver improvement clinic approved under this article or DUI Alcohol or Drug Use Risk Reduction Program certified under this article; and no judicial officer, community supervision officer, law enforcement officer, or other officer or employee of a court or person who owns, operates, or is employed by a private company which has contracted to provide private probation services for misdemeanor cases shall specify, directly or indirectly, a particular driver improvement clinic or DUI Alcohol or Drug Use Risk Reduction Program which the person may or shall attend. This Code section shall not prohibit any judicial officer, community supervision officer, law enforcement officer, or other officer or employee of a court or owner, operator, or employee of a private company which has contracted to provide probation services for misdemeanor offenders from furnishing any person, upon request, the names of approved driver improvement clinics or certified DUI Alcohol or Drug Use Risk Reduction Programs.
(c)
It shall be unlawful for the owner, agent, servant, or employee of any driver improvement clinic or DUI Alcohol or Drug Use Risk Reduction Program licensed by the department to directly or indirectly solicit business by personal solicitation on public property, by phone, by email, or by mail. A violation of this subsection shall be a misdemeanor. Advertising in any mass media, including, but not limited to, newspapers, radio, television, magazines, Internet, or telephone directories, by a driver improvement clinic or DUI Alcohol or Drug Use Risk Reduction Program shall not be considered a violation of this subsection.
(d)
It shall be unlawful for the owner, agent, servant, or employee of any driver improvement clinic or DUI Alcohol or Drug Use Risk Reduction Program licensed by the department to directly or indirectly offer, for purposes of the enrollment or solicitation of any student or prospective student, any item of monetary value, including but not limited to United States legal tender, food, gasoline cards, debit gift cards, or merchant gift cards, to any:
(1)
Student or agent or legal representative of a student;
(2)
Employee or agent of a private company which has contracted with a county, municipality, or consolidated government to provide probation services pursuant to Article 6 of Chapter 8 of Title 42;
(3)
Law enforcement officer; or
(4)
Officer or employee of the judicial branch or a court.
A violation of this subsection shall be a misdemeanor. In addition to all other penalties available at law, any person convicted of a second or subsequent offense under this subsection shall have his or her license to operate a driver improvement clinic or DUI Alcohol or Drug Use Risk Reduction Program under this article revoked.
Amended by 2024 Ga. Laws 701,§ 4, eff. 7/1/2024.
Amended by 2017 Ga. Laws 275,§ 40, eff. 5/9/2017.
Amended by 2016 Ga. Laws 573,§ 5, eff. 1/1/2017.
Amended by 2015 Ga. Laws 73,§ 5-60, eff. 7/1/2015.
Amended by 2015 Ga. Laws 21,§ 4-19, eff. 7/1/2015.
Amended by 2015 Ga. Laws 9,§ 40, eff. 3/13/2015.
Amended by 2014 Ga. Laws 624,§ 1-14, eff. 7/1/2014.
Amended by 2011 Ga. Laws 89,§ 11, eff. 1/1/2012.
Amended by 2005 Ga. Laws 68,§ 17-18, eff. 7/1/2005.
Amended by 2004 Ga. Laws 564, § 40, eff. 5/13/2004.
Amended by 2003 Ga. Laws 353, § 3, eff. 7/1/2003.