Second DUI in Georgia? You CAN Get a Restricted License

On July 1, 2017, the Georgia Legislature updated OCGA 40-5-64.1 to allow people convicted of a second DUI within a 5-year period to get a restricted license. The new license is called an “Ignition Interlock Limited Driving Permit” and it MUST be issued by the Georgia Department of Driver Services if certain conditions are met. Below is an outline of the procedure that I did for a client recently:

Criteria for Getting Approved for an Ignition Interlock 

Limited Driving Permit

OCGA 40-5-64.1

If you’ve been convicted of a SECOND DUI within 5 years, you may APPLY but ONLY after you’ve served at least 120 days of the suspension required.  – OCGA 40-5-64.1(a)(3)

Once you’ve served the 120 days suspension, THEN the following applies:

The Commissioner of Driver Services must provide an application FORM –  OCGA 40-5-64.1(b) Fill out and submit the application form to the Department of Driver Services

The Department of Driver Services SHALL issue an ignition interlock device limited driving permit IF:

1. You pay a $25 fee – OCGA 40-5-64.1(c)(1)

AND

2. You submit either:

       (a) A “certificate of eligibility” from an “accountability court” (which is a superior, state, or juvenile court)

                    OR

       (b)  Proof of enrollment in a substance abuse treatment program as is provided in OCGA 40-5-63.1*

3. You surrender your driver’s license to: 

       (a) the Court (if no Administrative License Suspension is done); or

       (b) The Department of Driver Services (if an Administrative License Suspension is done).

* OCGA 40-5-1(16.2) -“Substance abuse treatment program” means a program of treatment under Chapter 7 of Title 37 at a facility authorized to provide services designed to meet an individual’s substance abuse treatment needs based upon the results of a clinical evaluation performed by a provider other than the provider of the treatment program for such individual.

Once you do these things, the law says the Georgia Department of Driver’s Services SHALL issue you an Ignition Interlock Limited Driving Permit.

CLICK HERE for a link to the DDS information sheet for these driving permits.

Good luck!

Sam Robinson

Attorney at Law

Wolford & Fetters LP

Chattanooga, TN 

(423) 266-1111

Photo credit:  https://masshardshiplicense.com/massachusetts-dui-suspensions/melanies-law-ignition-interlock-requirements/

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