Disclaimer About Your Eligibility for a Limited Permit if You Refused it After Your DUI Arrest

By Ben Sessions on July 1st, 2017 in DUI / DWI

EFFECTIVE JULY 1, 2017, YOU ARE ELIGIBLE FOR A LIMITED PERMIT IF YOU REFUSED AFTER YOUR DUI ARREST, BUT THERE IS AN ONGOING PENALTY THAT YOU MUST BE AWARE OF. THAT PENALTY WILL ALSO APPLY TO YOU EVEN IF YOUR DUI IS DISMISSED OR REDUCED.

If you are arrested for DUI after July 1, 2017, you are eligible for a limited permit if you refused after your DUI arrest. This is a critical change in Georgia administrative license suspension law that applies to DUI arrests. This is a change that will affect many people and the law has some very important technical requirements that must be followed, and the law also has some significant conditions that any person deciding to apply for the limited permit must be aware of.

(4)(A) Except as where provided to the contrary in subparagraph (B) of this paragraph, in the event the person is acquitted of a violation of Code Section 40-6-391 or such charge is initially disposed of other than by a conviction or plea of nolo contendere, then the suspension shall be terminated and deleted from the driver’s license record. An accepted plea of nolo contendere shall be entered on the driver’s license record and shall be considered and counted as a conviction for purposes of any future violations of Code Section 40-6-391. In the event of an acquittal or other disposition other than by a conviction or plea of nolo contendere, the driver’s license restoration fee shall be promptly returned by the department to the licensee.

(B)(i) If any person who has obtained an ignition interlock device limited driving permit under paragraph (1) of subsection (a) of Code Section 40-5-64.1 is acquitted of the violation of Code Section 40-6-391 upon which the underlying driver’s license suspension was based or if such charge is initially disposed of other than by a conviction or plea of nolo contendere, then such permit shall be revoked and the driver’s license shall be reinstated without a fee. The department shall terminate the driver’s license suspension of any such person and shall delete the suspension from the driver’s license record.

(ii) Any person who has obtained an ignition interlock device limited driving permit under paragraph (2) of subsection (a) of Code Section 40-5-64.1 shall maintain such permit for the required term of monitoring under Code Section 42-8-110.1, regardless of whether such person is acquitted of the violation of Code Section 40-6-391 upon which the underlying driver’s license suspension was based or such charge is initially disposed of other than by a conviction or plea of nolo contendere.

O.C.G.A. § 40-5-67.1.

DUI lawyer Ben Sessions is 1 of 4 attorneys in Georgia to be Board Certified in DUI Defense by the National College for DUI Defense. If you have been arrested for DUI and if you need reliable information regarding the potential impact of your charge and administrative license suspension, call our office today.