Ignition Interlock Device Limited Driving Permits

  1. Law
  2. Georgia Code
  3. Motor Vehicles and Traffic
  4. Drivers' Licenses
  5. Cancellation, Suspension, and Revocation of Licenses
  6. Ignition Interlock Device Limited Driving Permits

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  1. To whom issued.
    1. Any person who has not been previously convicted or adjudicated delinquent for a violation of Code Section 40-6-391 within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest, and whose driver's license is subject to an administrative driver's license suspension pursuant to subsection (c) of Code Section 40-5-67.1, may apply for an ignition interlock device limited driving permit with the department.
    2. Any person who has not been previously convicted or adjudicated delinquent for a violation of Code Section 40-6-391 within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest, and whose driver's license is subject to an administrative driver's license suspension pursuant to subsection (d) of Code Section 40-5-67.1, may apply for an ignition interlock device limited driving permit with the department.
    3. Any person whose driver's license has been suspended as a result of a second conviction for violating Code Section 40-6-391 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, may apply for an ignition interlock device limited driving permit after serving at least 120 days of the suspension required for such conviction.
    4. The department shall not issue an ignition interlock device limited driving permit to any person:
      1. Under 21 years of age;
      2. Who is not currently licensed to operate a motor vehicle in this state;
      3. Who currently holds a license to drive a commercial motor vehicle;
      4. Whose driver's license is subject to an administrative suspension for involvement in a traffic accident resulting in injuries or fatalities; or
      5. Whose driver's license is subject to a suspension, revocation, or cancellation for any reason other than as contemplated by this Code section.
  2. Application form. Applications for ignition interlock device limited driving permits shall be made upon such forms as the commissioner may prescribe. All applications shall be signed by the applicant before a person authorized to administer oaths.
  3. Standards for approval.
    1. The department shall issue an ignition interlock device limited driving permit for a fee of $25.00 and:
      1. For an applicant eligible for an ignition interlock device limited driving permit pursuant to paragraph (1) or (2) of subsection (a) of this Code section:
        1. Within 30 days from the date on which notice was given pursuant to subsection (g) of Code Section 40-5-67.1;
        2. Upon surrender of the applicant's driver's license; and
        3. Upon the applicant's execution of an affidavit attesting that the hearing afforded under subsection (g) of Code Section 40-5-67.1 has been waived; or
      2. For an applicant eligible for an ignition interlock device limited driving permit pursuant to paragraph (3) of subsection (a) of this Code section, upon the submission of a certificate of eligibility from an accountability court, as such term is defined in Code Section 15-1-18, or the submission of proof of enrollment in a substance abuse treatment program as provided in Code Section 40-5-63.1 and the surrender of his or her driver's license to such court or to the department if the department has processed the administrative driver's license suspension form or conviction.
    2. No person who has been granted an exemption from the ignition interlock device requirements of Article 7 of Chapter 8 of Title 42 due to undue financial hardship under Code Section 42-8-111 shall be eligible for a limited driving permit pursuant to Code Section 40-5-64 or any other driving privilege for a period of one year.
  4. Duration, renewal, and replacement of ignition interlock device limited driving permit.
    1. An ignition interlock device limited driving permit shall be valid for a period of one year. Upon successful completion of one year of monitoring of such ignition interlock device, the restriction for maintaining and using such ignition interlock device shall be removed, and such permit may be renewed for additional periods of two months upon payment of a renewal fee of $5.00, but it may only be renewed one time after such person is eligible to reinstate his or her driver's license.
    2. Upon payment of a fee in the same amount as that provided by Code Section 40-5-25 for the issuance of a Class C driver's license, a person may be issued a replacement for a lost or destroyed ignition interlock device limited driving permit previously issued to him or her.
  5. Exceptions to standards for approval. An ignition interlock device limited driving permit shall be restricted to allow the holder thereof to drive solely for the following purposes:
    1. Going to his or her place of employment or performing the normal duties of his or her occupation;
    2. Receiving scheduled medical care or obtaining prescription drugs;
    3. Attending a college or school at which he or she is regularly enrolled as a student;
    4. Attending regularly scheduled sessions or meetings of treatment support organizations for persons who have addiction or abuse problems related to alcohol or other drugs, which organizations are recognized by the commissioner;
    5. Attending under court order any driver education or improvement school or alcohol or drug program or course approved by the court which entered the judgment of conviction resulting in suspension of his or her driver's license or by the commissioner;
    6. Attending court, reporting to a community supervision, juvenile probation, or Article 6 of Chapter 8 of Title 42 probation office, reporting to a community supervision officer, county or Department of Juvenile Justice juvenile probation officer, or probation officer serving pursuant to Article 6 of Chapter 8 of Title 42, or performing community service;
    7. Transporting an immediate family member who does not hold a valid driver's license for work, to obtain medical care or prescriptions, or to school;
    8. Attending any program, event, treatment, or activity ordered by a judge presiding in an accountability court, as such term is defined in Code Section 15-1-18; or
    9. Going for monthly monitoring visits with the permit holder's ignition interlock device service provider.
  6. Revocation of ignition interlock device limited driving permit.
      1. The department shall revoke the ignition interlock device limited driving permit of any permittee issued such permit pursuant to paragraph (1) or (2) of subsection (a) of this Code section who is convicted of violating any state law relating to the movement of vehicles or convicted of driving a motor vehicle in violation of an ignition interlock device limited driving permit. Any court in which such conviction is had shall require such permittee to surrender the ignition interlock device limited driving permit to the court, and the court shall forward it to the department within ten days after the conviction, with a copy of the conviction.
      2. The department shall revoke the ignition interlock device limited driving permit of any permittee who is required to complete a substance abuse treatment program pursuant to Code Section 40-5-63.1 and enrolled but failed to attend or complete such program as scheduled upon receipt of notice of such information from the Department of Behavioral Health and Developmental Disabilities. The department shall notify the permittee of such revocation by regular mail to his or her last known address. Such notice of revocation shall inform the permittee of the grounds for and effective date of the revocation and of the right to review. The notice of revocation shall be deemed received three days after mailing.
      3. The department shall revoke the ignition interlock device limited driving permit of a permittee upon receipt of notice from an ignition interlock device service provider that an ignition interlock device has been tampered with, a permittee has failed to report for monitoring as required by law, or an ignition interlock device has been removed from any motor vehicle to be driven by a permittee prior to successful completion of the required term of monitoring under Code Section 42-8-110.1.
    2. The department shall notify the permittee of such revocation by regular mail to his or her last known address. Such notice of revocation shall inform the permittee of the grounds for and effective date of the revocation and of the right to review. The notice of revocation shall be deemed received three days after mailing.
    3. Any person whose ignition interlock device limited driving permit has been revoked for the first time shall not be eligible to apply for a driver's license until six months from the date such permit was surrendered to the department. Any person whose ignition interlock device limited driving permit has previously been revoked shall not be eligible to apply for a driver's license until two years from the date such permit was surrendered to the department.
  7. Hearings. Any person whose ignition interlock device limited driving permit has been revoked or who has been refused such permit by the department may make a request in writing for a hearing to be provided by the department. Such hearing shall be provided by the department within 30 days after the receipt of such request and shall follow the procedures required by Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." Appeal from such hearing shall be in accordance with such chapter.
  8. Rules and regulations. The commissioner may promulgate rules and regulations as are necessary to implement this Code section.
  9. Penalty. Any person issued an ignition interlock device limited driving permit who operates a motor vehicle in violation of the terms of such permit, as described in Code Section 42-8-110.1 or subsection (e) or (f) of this Code section, commits the offense of violation of an ignition interlock device limited driving permit. Any person who commits the offense of violation of an ignition interlock device limited driving permit shall be guilty of a misdemeanor.

(Code 1981, §40-5-64.1, enacted by Ga. L. 2016, p. 323, § 1-2/HB 205; Ga. L. 2018, p. 1112, § 40/SB 365.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2016, the enactment of paragraphs (d)(1) and (d)(2) and subsection (e) of this Code section by Ga. L. 2016, p. 323, § 1-2/HB 205, was treated as impliedly repealed and superseded by Ga. L. 2016, p. 443, § 4-6/SB 367 due to irreconcilable conflict.

Pursuant to Code Section 28-9-5, in 2016, " Duration, renewal fees, and " was deleted from the catchline of subsection (d) and " Replacement " was substituted for " replacement " and "(3)" was deleted at the beginning of subsection (d).

Pursuant to Code Section 28-9-5, in 2017, "Reserved." was deleted from subsection (e); former paragraph (c.1)(2) was transferred from Code Section 40-5-64 to Code Section 40-5-64.1 and was renumbered as present subsection (e); and " Exceptions to standards for approval. " was added as the catchline of subsection (e).

Law reviews.

- For annual survey on criminal law, see 69 Mercer L. Rev. 73 (2017).

OPINIONS OF THE ATTORNEY GENERAL

Fingerprinting required.

- Offenses arising under O.C.G.A. § 40-5-64.1 are designated as offenses for which those charged are to be fingerprinted. 2017 Op. Att'y Gen. No. 17-1.


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