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Important DUI License Suspension Changes – Effective January 1, 2013

Posted by Ben Sessions | Dec 05, 2014 | 0 Comments

Below is the text of Senate Bill 236, which signed by the Governor today.  I have only quickly reviewed the text of the bill, but it will significantly affect the ability of multiple DUI offenders to obtain license reinstatement.  I will provide a detailed analysis of the changes later. The law goes into effect on January 1, 2003.

Senate Bill 236

By: Senators Cowsert of the 46th, Crosby of the 13th, Williams of the 19th and Goggans of the 7th

AS PASSED

A BILL TO BE ENTITLED

AN ACT

1 To amend Code Section 20-2-142 and Chapter 5 of Title 40 of the Official Code of Georgia

2 Annotated, relating to prescribed courses and the development and dissemination of

3 instructional materials on the effect of alcohol and drivers' licenses, respectively, so as to

4 provide for matters relative to drivers' licenses of persons convicted of driving under the

5 influence and the effect of driving under the influence; to provide for approval of out-of-state

6 driver educational courses for certain children whose parents are in the active military service

7 of the United States; to provide for a voluntary parent or guardian participation component

8 in the alcohol and drug course required for obtaining a driver's license for a person under 18

9 years of age; to provide for a free motor vehicle report under certain circumstances; to

10 provide for matters relative to drivers' licenses of persons convicted of driving under the

11 influence; to allow certain drivers with suspended licenses to be issued limited driving

12 permits; to provide for the issuance of a limited driving permit to a person convicted of

13 driving under the influence subject to certain conditions; to amend Article 7 of Chapter 8 of

14 Title 42 of the Official Code of Georgia Annotated, relating to ignition interlock devices as

15 probation condition, so as to provide the courts with more authority with regard to the

16 availability of ignition interlock device limited driving permits or probationary licenses and

17 habitual violator probationary licenses for drivers convicted of a second DUI; to provide a

18 court the ability to issue a certificate for such permits and licenses; to change provisions

19 relating to proof of compliance with Code Section 42-8-111; to provide for revocation of

20 probation under certain circumstances; to provide for related matters; to provide for an

21 effective date; to repeal conflicting laws; and for other purposes.

22 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

23 SECTION 1.

24 Code Section 20-2-142 of the Official Code of Georgia Annotated, relating to prescribed

25 courses and the development and dissemination of instructional materials on the effect of

26 alcohol, is amended by revising subsection (b) as follows:12 SB 236/AP

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27 “(b)(1) The State Board of Education and the Board of Driver Services shall jointly

28 establish an alcohol and drug course for the purpose of informing the young people of

29 this state of the dangers involved in consuming alcohol or certain drugs in connection

30 with the operation of a motor vehicle. The course shall be designed to generate greater

31 interest in highway safety and accident prevention. The state board and the Board of

32 Driver Services shall jointly, by rules or regulations, determine the contents of the course

33 and its duration. The commissioner of driver services shall make available officers,

34 employees, officials, agents, contractors, or other appropriate representatives as

35 determined by the commissioner of driver services to teach the alcohol and drug course.

36 The alcohol and drug course shall be offered periodically but not less than once annually

37 in the public schools of this state to students in grades nine and above in the manner

38 prescribed by the state board.

39 (2) The alcohol and drug course required by this subsection shall make available as a part

40 of such course a voluntary parent or guardian participation component which

41 substantially complies with the following requirements:

42 (A) A joint session with the parent or guardian and child which provides opportunities

43 for parents or guardians to voluntarily participate in the guidance and delivery of the

44 antidrug and antialcohol instruction; and

45 (B) A separate voluntary component solely for parental or guardian instruction that

46 provides drug prevention strategies, legal accountability information, an opportunity

47 for parent or guardian questions, and any other information that would offer parents or

48 guardians a framework for the protection of their children from alcohol and other drug

49 use.

50 (2)(3) All schools with grade nine or above which receive funds in any manner from the

51 state shall make available to eligible students and their parents or guardians the alcohol

52 and drug course provided in paragraph (1) of this subsection.

53 (3)(4) The commissioner of driver services shall make the alcohol and drug course, and

54 instructors where necessary, available to the private schools in this state. In addition, the

55 commissioner of driver services shall offer the alcohol and drug course periodically at

56 various locations in the this state in the manner provided by the Board of Driver Services.

57 The commissioner shall also be authorized to offer such course electronically online or

58 in such other manner as determined appropriate by the commissioner.”

59 SECTION 2.

60 Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses,

61 is amended by revising paragraph (2) of subsection (a.2) of Code Section 40-5-22, relating

62 to persons not to be licensed and school attendance requirements, as follows:12 SB 236/AP

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63 “(2) The commissioner shall by rule or regulation establish standards for approval of any

64 driver education course for purposes of subparagraph (A) of paragraph (1) of this

65 subsection, provided that such course shall be designed to educate young drivers about

66 safe driving practices and the traffic laws of this state and to train young drivers in the

67 safe operation of motor vehicles, and provided, further, that the commissioner shall

68 provide for the approval of courses from other states to satisfy the requirements of this

69 paragraph for any child moving into this state within nine months of his or her sixteenth

70 birthday when the child's parent is in the active military service of the United States.”

71 SECTION 2A.

72 Said chapter is further amended by adding a new subsection to Code Section 40-5-25,

73 relating to driver's license application fees, to read as follows:

74 “(f) The General Assembly finds that it is in the best interests of this state to encourage

75 alcohol and drug education to inform young people of the dangers involved in consuming

76 alcohol or certain drugs while operating a motor vehicle. The General Assembly further

77 finds that parental or guardian involvement in an alcohol and drug awareness program will

78 assist in reducing the number of young persons involved in driving under the influence of

79 drugs or alcohol. To promote these purposes, where a parent or guardian successfully

80 participates in the parent-guardian component of the alcohol and drug course required by

81 subsection (a) of Code Section 40-5-22 as prescribed in subsection (b) of Code Section

82 20-2-142, each parent or guardian shall be entitled to a one-time three-year online motor

83 vehicle report.”

84 SECTION 3.

85 Said chapter is further amended by revising subsections (b), (b.1), and (c) of Code Section

86 40-5-57.1, relating to suspensions of licenses of persons under age 21, as follows:

87 “(b) A person whose driver's license has been suspended under subsection (a) of this Code

88 section shall:

89 (1) Subject to the requirements of subsection (c) of this Code section and except as

90 otherwise provided by paragraph (2) of this subsection:

91 (A) Upon a first such suspension, be eligible to apply for license reinstatement and,

92 subject to payment of required fees, have his or her driver's license reinstated after six

93 months; and

94 (B) Upon a second or subsequent such suspension, be eligible to apply for license

95 reinstatement and, subject to payment of required fees, have his or her driver's license

96 reinstated after 12 months; or12 SB 236/AP

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97 (2)(A) If the driver's license was suspended upon conviction for violation of Code

98 Section 40-6-391, be subject to the provisions of Code Section 40-5-63.

99 (B) If such driver was convicted of driving under the influence of alcohol or of having

100 an unlawful alcohol concentration and is otherwise subject to the provisions of

101 paragraph (1) of subsection (a) of Code Section 40-5-63, then such person shall not be

102 eligible for a limited driving permit under Code Section 40-5-64, and:

103 (i) If the driver's alcohol concentration at the time of the offense was less than 0.08

104 grams, he or she shall not be eligible for license reinstatement until the end of six

105 months; or

106 (ii) If the driver's alcohol concentration at the time of the offense was 0.08 grams or

107 more, he or she shall not be eligible for license reinstatement until the end of 12

108 months.

109 (2)(A) Upon the first conviction of a violation of Code Section 40-6-391, with no arrest

110 and conviction of and no plea of nolo contendere accepted to such offense within the

111 previous five years, as measured from the dates of previous arrests for which

112 convictions were obtained to the date of the current arrest for which a conviction is

113 obtained, have his or her license suspended for a period of six months unless the

114 driver's blood alcohol concentration at the time of the offense was 0.08 grams or more

115 or the person has previously been subject to a suspension pursuant to paragraph (1) of

116 this subsection, in which case the period of suspension shall be for 12 months.

117 (B) Upon the second conviction of a violation of Code Section 40-6-391 within five

118 years, as measured from the dates of previous arrests for which convictions were

119 obtained to the date of the current arrest for which a conviction is obtained, have his or

120 her license suspended for a period of 18 months.

121 (C) Upon the third conviction of any such offense within five years, as measured from

122 the dates of previous arrests for which convictions were obtained to the date of the

123 current arrest for which a conviction is obtained, be considered a habitual violator, and

124 such person's license shall be revoked as provided for in Code Section 40-5-58.

125 (b.1) In any case where a person's driver's license was administratively suspended as a

126 result of the offense a violation of Code Section 40-6-391 for which the person's driver's

127 license has been suspended pursuant to this Code section, the administrative license

128 suspension period and the license suspension period provided by this Code section may run

129 concurrently, and any completed portion of such administrative license suspension period

130 shall apply toward completion of the license suspension period provided by this Code

131 section.

132 (c)(1) Any driver's license suspended under subsection (a) of this Code section for

133 commission of any offense other than violation of Code Section 40-6-391 shall not12 SB 236/AP

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134 become valid and shall remain suspended until such person submits proof of completion

135 of a defensive driving program approved by the department and pays the applicable

136 reinstatement fee. Any driver's license suspended under subsection (a) of this Code

137 section for commission of a violation of Code Section 40-6-391 shall not become valid

138 and shall remain suspended until such person submits proof of completion of a DUI Drug

139 or Alcohol Use Risk Reduction Program and pays the applicable reinstatement fee.

140 (2) The reinstatement fee for a first such conviction suspension shall be $210.00 or

141 $200.00 if paid by mail. The reinstatement fee for a second or subsequent such

142 conviction suspension shall be $310.00 or $300.00 if paid by mail.”

143 SECTION 4.

144 Said chapter is further amended by revising Code Section 40-5-63.1, relating to clinical

145 evaluations and treatment, as follows:

146 “40-5-63.1.

147 In addition to any and all other conditions of license reinstatement, issuance, or restoration

148 under Code Section 40-5-57.1, 40-5-58, 40-5-62, or 40-5-63, any person with two or more

149 convictions for violating Code Section 40-6-391 within ten years, as measured from the

150 dates of previous arrests for which convictions were obtained to the date of the current

151 arrest for which a conviction is obtained, shall be required to undergo a clinical evaluation

152 and, if recommended as a part of such evaluation, shall complete a substance abuse

153 treatment program prior to such license reinstatement, issuance, or restoration; provided,

154 however, that such evaluation and treatment shall be at such person's expense except as

155 otherwise provided by Code Section 37-7-120. Acceptable proof of completion of such a

156 program shall be submitted to the department prior to license reinstatement, issuance, or

157 restoration. For purposes of this Code section, a plea of nolo contendere to a charge of

158 violating Code Section 40-6-391 and all prior accepted pleas of nolo contendere within ten

159 years, as measured from the dates of previous arrests for which convictions were obtained

160 or pleas of nolo contendere were accepted to the date of the current arrest for which a plea

161 of nolo contendere is accepted, shall be considered and counted as convictions.”

162 SECTION 5.

163 Said chapter is further amended by revising subsections (a), (c), (c.1), and (e) of Code

164 Section 40-5-64, relating to the issuance of limited driving permits for certain offenders, as

165 follows:

166 “(a) To whom issued.

167 (1) Notwithstanding any contrary provision of Code Section 40-5-57 or 40-5-63 or any

168 other Code section of this chapter, any person who has not been previously convicted or12 SB 236/AP

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169 adjudicated delinquent for a violation of Code Section 40-6-391 within five years, as

170 measured from the dates of previous arrests for which convictions were obtained or pleas

171 of nolo contendere were accepted to the date of the current arrest for which a conviction

172 is obtained or a plea of nolo contendere is accepted, may apply for a limited driving

173 permit when and only when that person's driver's license has been suspended in

174 accordance with paragraph (2) of subsection (a.1) of Code Section 40-5-22, subsection

175 (d) of Code Section 40-5-57, paragraph (1) of subsection (a) of Code Section 40-5-63,

176 paragraph (1) of subsection (a) of Code Section 40-5-67.2, or subsection (a) of Code

177 Section 40-5-57.1, when the person is 18 years of age or over older and his or her license

178 was suspended for exceeding the speed limit by 24 miles per hour or more but less than

179 34 miles per hour, and the sentencing judge, in his or her discretion, decides it is

180 reasonable to issue a limited driving permit.

181 (2) Any person whose driver's license has been suspended and who is subject to a court

182 order for installation and use of an ignition interlock device as a condition of probation

183 pursuant to the provisions Article 7 of Chapter 8 of Title 42 as a result of a second

184 conviction for violating Code Section 40-6-391 within five years, as measured from the

185 dates of previous arrests for which convictions were obtained to the date of the current

186 arrest for which a conviction is obtained, may apply for a limited driving permit after

187 serving at least 120 days of the suspension required for such conviction and providing a

188 certificate of eligibility from a drug court program in the court in which he or she was

189 convicted of the offense for which such suspension was imposed or proof of enrollment

190 in clinical treatment as provided in Code Section 40-5-63.1.

191 (3) To the extent a person is subject to more than one suspension for which a permit may

192 be issued, the department shall not issue such permit unless the suspensions are for a

193 conviction for driving under the influence in violation of Code Section 40-6-391 imposed

194 pursuant to Code Section 40-5-63 and an administrative suspension imposed pursuant to

195 paragraph (1) of subsection (a) of Code Section 40-5-67.2 arising from the same

196 incident.”

197 “(c) Standards for approval. The department shall issue a limited driving permit if the

198 application indicates that refusal to issue such permit would cause extreme hardship to the

199 applicant. Except as otherwise provided by subsection (c.1) of this Code section, for the

200 purposes of this Code section, ‘extreme hardship' means that the applicant cannot

201 reasonably obtain other transportation, and therefore the applicant would be prohibited

202 from:

203 (1) Going to his or her place of employment or performing the normal duties of his or

204 her occupation;

205 (2) Receiving scheduled medical care or obtaining prescription drugs;12 SB 236/AP

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206 (3) Attending a college or school at which he or she is regularly enrolled as a student;

207 (4) Attending regularly scheduled sessions or meetings of support organizations for

208 persons who have addiction or abuse problems related to alcohol or other drugs, which

209 organizations are recognized by the commissioner; or

210 (5) Attending under court order any driver education or improvement school or alcohol

211 or drug program or course approved by the court which entered the judgment of

212 conviction resulting in suspension of his or her driver's license or by the commissioner;

213 (6) Attending court, reporting to a probation office or officer, or performing community

214 service; or

215 (7) Transporting an immediate family member who does not hold a valid driver's license

216 for work, medical care, or prescriptions or to school.

217 (c.1)(1) Exception to standards for approval. The provisions of paragraphs (2), (3),

218 (4), and (5) of subsection (c) of this Code section shall not apply and shall not be

219 considered for purposes of granting a limited driving permit or imposing conditions

220 thereon under this Code section in the case of a driver's license suspension under

221 paragraph (2) of subsection (a.1) of Code Section 40-5-22.

222 (2) An ignition interlock device limited driving permit shall be restricted to allow the

223 holder thereof to drive solely for the following purposes:

224 (A) Going to his or her place of employment;

225 (B) Attending a college or school at which he or she is regularly enrolled as a student;

226 (C) Attending regularly scheduled sessions or meetings of treatment support

227 organizations for persons who have addiction or abuse problems related to alcohol or

228 other drugs, which organizations are recognized by the commissioner; and

229 (D) Going for monthly monitoring visits with the permit holder's ignition interlock

230 device service provider.”

231 “(e) Fees, duration, renewal, and replacement of permit.

232 (1) A permit issued pursuant to this Code section shall be $25.00 and shall become

233 invalid upon the driver's eighteenth birthday in the case of a suspension under paragraph

234 (2) of subsection (a.1) of Code Section 40-5-22, upon the expiration of one year

235 following issuance thereof in the case of a suspension for an offense listed in Code

236 Section 40-5-54 or a suspension under Code Section 40-5-57, or a suspension in

237 accordance with paragraph (1) of subsection (a) of Code Section 40-5-63 for a violation

238 of Code Section 40-6-391, or upon the expiration of 30 days in the case of an

239 administrative license suspension in accordance with paragraph (1) of subsection (a) of

240 Code Section 40-5-67.2, or upon the expiration of six months following proof of

241 installation of an ignition interlock device in the case of a limited driving permit issued

242 to a person subject to a court order for installation and use of such a device pursuant to12 SB 236/AP

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243 Article 7 of Chapter 8 of Title 42; except that such limited driving permit shall expire

244 upon any earlier reinstatement of the driver's license. A person may apply to the

245 department for a limited driving permit immediately following such conviction if he or

246 she has surrendered his or her driver's license to the court in which the conviction was

247 adjudged or to the department if the department has processed the citation or conviction.

248 Upon the applicant's execution of an affidavit attesting to such facts and to the fact that

249 the court had not imposed a suspension or revocation of his or her driver's license or

250 driving privileges inconsistent with the driving privileges to be conferred by the limited

251 driving permit applied for, the department may issue such person a limited driving

252 permit. Permits issued pursuant to this Code section are renewable upon payment of a

253 renewal fee of $5.00. Permits may be renewed until the person has his or her license

254 reinstated for the violation that was the basis of the issuance of the permit. Upon

255 payment of a fee in an amount the same as that provided by Code Section 40-5-25 for

256 issuance of a Class C driver's license, a person may be issued a replacement for a lost or

257 destroyed limited driving permit issued to him or her.

258 (2) An ignition interlock device limited driving permit shall be valid for a period of eight

259 months. Upon successful completion of eight months of monitoring of such ignition

260 interlock device, the restriction for maintaining and using such ignition interlock device

261 shall be removed, and the permit may be renewed for additional periods of six months as

262 provided in paragraph (1) of this subsection.”

263 SECTION 6.

264 Article 7 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to

265 ignition interlock devices as probation condition, is amended by revising subsections (a), (b),

266 and (c) of Code Section 42-8-111, relating to court ordered installation of ignition interlock

267 devices, as follows:

268 “(a) In addition to any other provision of probation, upon Upon a second or subsequent

269 conviction of a resident of this state for violating Code Section 40-6-391 within five years,

270 as measured from the dates of previous arrests for which convictions were obtained to the

271 date of the current arrest for which a conviction is obtained, for which such person is

272 granted probation, the court shall order as conditions of probation that issue a certificate

273 of eligibility for an ignition interlock device limited driving permit or probationary license,

274 subject to the following conditions:

275 (1) Such person shall have installed and shall maintain in each motor vehicle registered

276 in such person's name throughout the applicable six-month period prescribed by

277 subsection (b) of Code Section 42-8-112 for a period of not less than eight months a

278 functioning, certified ignition interlock device, unless the court exempts the person from12 SB 236/AP

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279 the requirements of this paragraph based upon the court's determination that such

280 requirements would subject the person to undue financial hardship; and

281 (2) Such person shall have installed and shall maintain in any other motor vehicle to be

282 driven by such person during the applicable six-month period prescribed by subsection

283 (b) of Code Section 42-8-112 for a period of not less than eight months a functioning,

284 certified ignition interlock device, and such person shall not during such six-month period

285 drive any motor vehicle whatsoever that is not so equipped during such period. Upon

286 successful completion of eight months of monitoring of such ignition interlock device,

287 the restriction for maintaining and using such ignition interlock device shall be removed,

288 and the permit may be renewed for additional periods of six months as provided in

289 paragraph (1) of subsection (e) of Code Section 40-5-64; and

290 (3) Such person shall participate in a substance abuse treatment program as defined in

291 paragraph (16.2) of Code Section 40-5-1 or a drug court program in compliance with

292 Code Section 15-1-15 for a period of not less than 120 days.

293 For the purposes of this subsection, a plea of nolo contendere shall constitute a conviction;

294 and a conviction of any offense under the law of another state or territory substantially

295 conforming to any offense under Code Section 40-6-391 shall be deemed a conviction of

296 violating said Code section.

297 (b) Any resident of this state who is ordered to use an ignition interlock device, as a

298 condition of probation, shall complete the DUI Alcohol or Drug Use Risk Reduction

299 Program and submit to the court or probation department a certificate of completion of the

300 DUI Alcohol or Drug Use Risk Reduction Program and certification of installation of a

301 certified ignition interlock device to the extent required by subsection (a) of this Code

302 section. The court may, in its discretion, decline to issue a certificate of eligibility for an

303 ignition interlock device limited driving permit or probationary license for any reason or

304 exempt a person from any or all ignition interlock device requirements upon a

305 determination that such requirements would subject such person to undue financial

306 hardship. Notwithstanding any contrary provision of Code Section 40-13-32 or 40-13-33,

307 a determination of financial hardship may be made at the time of conviction or any time

308 thereafter.

309 (c) In the case of any person subject to the provisions of subsection (a) of this Code

310 section, the court shall include in the record of conviction or violation submitted to the

311 Department of Driver Services notice of the requirement for, and the period of the

312 requirement for, the use of a certified ignition interlock device a copy of the certificate of

313 eligibility for an ignition interlock device limited driving permit or probationary license

314 issued by the court or documentation of the court's decision to decline to issue such

315 certificate. Such notice certificate shall specify any exemption from the installation12 SB 236/AP

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316 requirements of paragraph (1) of subsection (a) of this Code section and any vehicles

317 subject to the installation requirements of paragraph (2) of said such subsection. The

318 records of the Department of Driver Services shall contain a record reflecting mandatory

319 use of such device certificate, and the person's driver's license or, limited driving permit,

320 or probationary license shall contain a notation that the person may only operate a motor

321 vehicle equipped with a functioning, certified ignition interlock device.”

322 SECTION 7.

323 Said article is further amended by revising subsections (a) and (b) of Code Section 42-8-112,

324 relating to proof of compliance required for reinstatement of certain drivers' licenses and for

325 obtaining probationary license, as follows:

326 “(a)(1) In any case where the court grants a certificate of eligibility for an ignition

327 interlock device limited driving permit or probationary license pursuant to Code Section

328 42-8-111 to a person whose driver's license is suspended pursuant to subparagraph

329 (b)(2)(C) of Code Section 40-5-57.1 or paragraph (2) of subsection (a) of Code Section

330 40-5-63, the Department of Driver Services shall not issue an ignition interlock device

331 limited driving permit until after the expiration of 120 days from the date of the

332 conviction for which such certificate was granted. In any case where the court imposes

333 the use of an ignition interlock device as a condition of probation on a resident of this

334 state whose driving privilege is not suspended or revoked, the court shall require the

335 person to surrender his or her driver's license to the court immediately and provide proof

336 of compliance with such order to the court or the probation officer and obtain an ignition

337 interlock device restricted driving license within 30 days. Upon expiration of the period

338 of time for which such person is required to use an ignition interlock device, the person

339 may apply for and receive a regular driver's license upon payment of the fee provided for

340 in Code Section 40-5-25. If such person fails to provide proof of installation to the extent

341 required by subsection (a) of Code Section 42-8-111 and receipt of the restricted driving

342 license within such period, absent a finding by the court of good cause for that failure,

343 which finding is entered in the court's record, the court shall revoke or terminate the

344 probation.

345 (2) The Department of Driver Services shall condition issuance of an ignition interlock

346 device limited driving permit for such person upon receipt of acceptable documentation

347 of the following:

348 (A) That the person to whom such permit is to be issued has completed a DUI Alcohol

349 or Drug Use Risk Reduction Program;12 SB 236/AP

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350 (B) That such person has completed a clinical evaluation as defined in Code Section

351 40-5-1 and enrolled in a substance abuse treatment program approved by the

352 Department of Human Services or is enrolled in a drug court program;

353 (C) That such person has installed an ignition interlock device in any vehicle that he

354 or she will be operating; and

355 (D) A certificate of eligibility for an ignition interlock device limited driving permit

356 or probationary license from the court that sentenced such person for the conviction that

357 resulted in the suspension or revocation of his or her driver's license for which he or she

358 is applying for a limited driving permit or probationary license.

359 (b)(1) In any case where the court grants a certificate of eligibility for an ignition

360 interlock device limited driving permit or probationary license pursuant to Code Section

361 42-8-111 to a person whose driver's license is revoked as a habitual violator pursuant to

362 Code Section 40-5-58, the Department of Driver Services shall not issue a habitual

363 violator probationary license until after the expiration of two years from the date of the

364 conviction for which such certificate was granted. In any case where the court imposes

365 the use of an ignition interlock device as a condition of probation on a resident of this

366 state whose driving privilege is suspended or revoked, the court shall require the person

367 to provide proof of compliance with such order to the court or the probation officer and

368 the Department of Driver Services not later than ten days after the date on which such

369 person first becomes eligible to apply for an ignition interlock device limited driving

370 permit in accordance with paragraph (2) of this subsection or a habitual violator's

371 probationary license in accordance with paragraph (3) of this subsection, whichever is

372 applicable. If such person fails to provide proof of installation to the extent required by

373 subsection (a) of Code Section 42-8-111 within the period required by this subsection,

374 absent a finding by the court of good cause for that failure, which finding is entered on

375 the court's record, the court shall revoke or terminate the probation if such is still

376 applicable.

377 (2) The Department of Driver Services shall condition issuance of a habitual violator

378 probationary license for such person upon receipt of acceptable documentation of the

379 following: If the person subject to court ordered use of an ignition interlock device as a

380 condition of probation is authorized under Code Section 40-5-63 or 40-5-67.2 to apply

381 for reinstatement of his or her driver's license during the period of suspension, such

382 person shall, prior to applying for reinstatement of the license, have an ignition interlock

383 device installed and shall maintain such ignition interlock device in a motor vehicle or

384 vehicles to the extent required by subsection (a) of Code Section 42-8-111 for a period

385 of six months running concurrently with that of an ignition interlock device limited

386 driving permit, which permit shall not be issued until such person submits to the12 SB 236/AP

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387 department proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program,

388 proof of having undergone any clinical evaluation and of having enrolled in any

389 substance abuse treatment program required by Code Section 40-5-63.1, and proof of

390 installation of an ignition interlock device on a vehicle or vehicles to the extent required

391 by subsection (a) of Code Section 42-8-111. Such a person may apply for and be issued

392 an ignition interlock device limited driving permit at the end of 12 months after the

393 suspension of the driver's license. At the expiration of such six-month ignition interlock

394 device limited driving permit, the driver may, if otherwise qualified, apply for

395 reinstatement of a regular driver's license upon payment of the fee provided in Code

396 Section 40-5-25.

397 (A) That the person to whom such license is to be issued has completed a DUI Alcohol

398 or Drug Use Risk Reduction Program;

399 (B) That such person has completed a clinical evaluation as defined in Code Section

400 40-5-1 and enrolled in a substance abuse treatment program approved by the

401 Department of Human Services or is enrolled in a drug court program;

402 (C) That such person has installed an ignition interlock device in any vehicle that he

403 or she will be operating; and

404 (D) A certificate of eligibility for an ignition interlock device limited driving permit

405 or probationary license from the court that sentenced such person for the conviction that

406 resulted in the suspension or revocation of his or her driver's license for which he or she

407 is applying for a limited driving permit or probationary license.

408 (3) If the person subject to court ordered use of an ignition interlock device as a

409 condition of probation is authorized under Code Section 40-5-58 or under Code Section

410 40-5-67.2 to obtain a habitual violator's probationary license, such person shall, if such

411 person is a habitual violator as a result of two or more convictions for driving under the

412 influence of alcohol or drugs, have an ignition interlock device installed and maintained

413 in a motor vehicle or vehicles to the extent required by subsection (a) of Code Section

414 42-8-111 for a period of six months following issuance of the probationary license, and

415 such person shall not during such six-month period drive any motor vehicle that is not so

416 equipped, all as conditions of such probationary license. Following expiration of such

417 six-month period with no violation of the conditions of the probationary license, the

418 person may apply for a habitual violator probationary license without such ignition

419 interlock device condition.

420 (4) In any case where installation of an ignition interlock device is required, failure to

421 show proof of such device shall be grounds for refusal of reinstatement of such license

422 or issuance of such habitual violator's probationary license or the immediate suspension

423 or revocation of such license.12 SB 236/AP

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424 (4) Any limited driving permit or probationary license issued to such person shall bear

425 a restriction reflecting that the person may only operate a motor vehicle equipped with

426 a functional ignition interlock device. No person whose limited driving permit or

427 probationary license contains such restriction shall operate a motor vehicle that is not

428 equipped with a functional ignition interlock device.

429 (5)(A) Any person who has been issued an ignition interlock device limited driving

430 permit or a habitual violator probationary license bearing an ignition interlock device

431 condition shall maintain such ignition interlock device in any motor vehicle he or she

432 operates to the extent required by the certificate of eligibility for such permit or

433 probationary license issued to such person by the court in which he or she was

434 convicted for not less than eight months.

435 (B) Upon the expiration of such eight-month ignition interlock device limited driving

436 permit or habitual violator probationary license, the driver may, if otherwise qualified,

437 apply for renewal of such permit or probationary license without such ignition interlock

438 device restriction.”

439 SECTION 8.

440 Said article is further amended by revising subsection (a) of Code Section 42-8-113, relating

441 to renting, leasing, or lending motor vehicle to a probationer under this article prohibited, as

442 follows:

443 “(a) No person shall knowingly rent, lease, or lend a motor vehicle to a person known to

444 have had his or her driving privilege restricted as a condition of probation as provided in

445 this article, unless the vehicle is equipped with a functioning, certified ignition interlock

446 device. Any person whose driving privilege is restricted as a condition of probation as

447 provided in this article shall notify any other person who rents, leases, or loans a motor

448 vehicle to him or her of such driving restriction.”

449 SECTION 9.

450 Said article is further amended by revising Code Section 42-8-117, relating to revocation of

451 driving privilege for violation of probation, as follows:

452 “42-8-117.

453 (a)(1) In the event the sentencing court finds revokes a person's probation after finding

454 that a such person has violated the terms of probation imposed the certificate of eligibility

455 for an ignition interlock device limited driving permit or probationary license issued

456 pursuant to subsection (a) of Code Section 42-8-111, the Department of Driver Services

457 shall revoke that person's driving privilege for one year from the date the court revokes12 SB 236/AP

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458 that person's probation. The court shall report such probation revocation to the

459 Department of Driver Services by court order.

460 (2) This subsection shall not apply to any person whose limited driving permit has been

461 revoked under subsection (d) of Code Section 42-8-112.

462 (b) In the event the sentencing court finds revokes a person's probation after finding that

463 a such person has twice violated the terms of probation imposed the certificate of eligibility

464 for an ignition interlock device limited driving permit or probationary license issued

465 pursuant to subsection (a) of Code Section 42-8-111 during the same period of probation,

466 the Department of Driver Services shall revoke that person's driving privilege for five years

467 from the date the court revokes that person's probation for a second time. The court shall

468 report such probation revocation to the Department of Driver Services by court order.”

469 SECTION 10.

470 This Act shall become effective on January 1, 2013.

471 SECTION 11.

472 All laws and parts of laws in conflict with this Act are repealed

This post is provided by:

The Sessions Law Firm
1447 Peachtree St NE #530
Atlanta,
GA
30309

Phone: 470-225-7710

About the Author

Ben Sessions

I work to provide exceptional service, attention, and results to each of my clients. Most of clients come to me because they are in a completely overwhelming situation. They need someone that will do more than address their legal problems.

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