NOLO CONTENDERE PLEA WILL BE TREATED AS A CONVICTION FOR ANY DUI
Previously, some DUI violators could save their driver's license by pleading Nolo Contendere (no contest). Now Nolo Contendere pleas are considered as convictions for all DUI arrest.
ZERO TOLERANCE FOR ALCOHOL USAGE BY DRIVERS UNDER THE AGE OF 21
A driver under the age of 21 years old is guilty of DUI if his alcohol concentration is 0.02 grams or more.
LOWER ALCOHOL LEVEL TO COMMIT A PER SE DUI
The alcohol concentration level at which a person age 21 or older commits a per se DUI offense has now been lowered from 0.10 to 0.08 grams of alcohol. A per se DUI is one where no evidence of impaired driving is needed, only the evidence of the driver's alcohol concentration.
MANDIATORY JAIL TIME FOR ALL DUI VIOLATORS
All DUI violators, upon conviction, spend time in jail. An offender who has not had a conviction arising from a DUI arrenst during the previous five (5) years shall spend a mininmun of twenty-four (24) hours in jail. Repeat DUI offenders face a mandatory three (3) days in jail for the second conviction, and fifteen (15) for the third.
SUBSTANCE ABUSE TREATMENT PROGRAM FOR SECOND TIME DUI VIOLATORS
A driver who has a second DUI conviction within a five (5) year period, must undergo a clinical evaluation for alcohol and substance abuse and if a problem is indicated, he must complete an alcohol or substance abuse program before he can apply for reinstatement of his license, and must use an ignition interlock device.
LICENSE TAG SEIZURE FOR VIOLATORS AND MANDATORY DRIVER'S LICENSE SUSPENSION
In addition to any other penalty, any driver who recieves a conviction for a second or subsequent DUI in a five (5) year period faces a mandatory surrender of all license plates registered to the driver. Also the driver will receive a "hard" (no limited permit available) suspension of his driver's license for one year. Upon the third DUI conviction within five (5) years, the driver will be declared a habitual violator, and receive a five (5) year revocation of his license, with the first two years being "hard" suspension.
OPEN CONTAINERS OF ALCOHOL PROHIBITED
Open containers of alcohol are now prohibited in the passenger area of a motor vehicle to include a driver and/or passenger.
ROAD RAGE NOW HAS A NAME
Operating a vehicle with intent to harass or intimidate another driver is a misdemeanor of a high and aggravated nature and is called Aggressive Driving.
SPECIAL SUSPENSION PROVISIONS FOR DRIVERS UNDER 21 YEARS OF AGE
The driver's license of any person under twenty-one (21) years of age shall be suspended if he or she is convicted of any of the following:
1. hit and run,
2. aggressive driving,
3. racing,
4. D.U.I.
5. using a motor vehicle in fleeing or attempting to elude a peace officer,
6. reckless driving,
7. underage purchasing or knowingly possessing any alcoholic beverage while operating a motor vehicle,
8. misrepresenting his age in any manner whatever for the purpose of obtaining any alcoholic beverage.
9. misrepresenting his identity or using any false identification for the purpose of purchasing or obtaining any alcoholic beverage, or
10. any offense for which four or more points are assessable under O.C.G.A. 40-5-57 (e.g. passing of a school bus, improper passing, or speeding in excess of the speed limit by 24 mph or more)
CONVICTIONS FOR MOVING VIOLATIONS IN GEORGIA ARE ASSESSED POINTS AS FOLLOWS:
Agressive driving - 6 points
Reckless driving - 4 points
Unlawful passing of a school bus - 6 points
Improper passing on a hill or curve - 4 points
Exceeding speed limit by more than 14 mph but less than 19 mph - 2 points
Exceeding speed limit by more than 19 mph but less than 24 mph - 3 points
Exceeding speed limit by more than 24 mph but less than 34 mph - 4 points
Exceeding speed limit by more than 34 mph or more - 6 points
Disobedience of any traffic control device or traffic officer - 3 points
Too fast for conditions - 0 points
Possessing an open container of an alcoholic beverage while driving - 2 points
Failure to adequately secure a load, except fresh farm produce, (accident) - 2 points
Violation of child safety restraint requirements, first offense - 1 point
Violation of child safety restraint requirements, second or subsequent offense - 2 points
All other moving traffic violations which are not speed limit violations - 3 points
Except for a driver under 21 years old, convicted of DUI with an alcohol concentration of 0.08 grams or more, upon a first conviction, the violator's license shall be suspended for six months from the date of conviction. Violators under 21 years old convicted of DUI with an alcohol concentration of 0.08 grams or more, or violators under 21 years old with their second or subsequent suspension or conviction, shall have their license suspended for a minimum of twelve months. If the suspension was for DUI, then the driver must complete DUI school before applying for license reinstatement, otherwise the driver must complete a defensive driving program.
Any driver under age 18, who accumulates four or more points on his driving record within a twelve month period, shall have his or her drivers license suspended for six months for the first suspension, and twelve months for any subsequent suspension.
INTERMEDIATE DRIVERS LICENSE FOR TEEN DRIVERS AND LIMITATIONS OF DRIVING PRIVILEGES
Prior to 1997, a fifteen year old could apply for an instructional permit which was valid for one year. To receive the permit the applicant had to pass all test for a regular class "C" license except for the driving test. At age 16, the applicant could then apply for a class "C" license.
A fifteen year old can still apply for an instruction permit if he passes all test for a class "C" drivers license except for the driving test. The new instruction/learner's permit is valid for two years.
Anyone who is sixteen but less than eighteen may apply for a class "D" drivers license (intermediate license) if he has had an instructional permit for a period of twelve (12) months without any suspensions of the permit. If the applicant is at least 16 years of age but less than 18 years of age and meets this criteria, then he may receive a class "D" driver's license provided he passes the road driving test for a class "C" vehicle.
THE HOLDER OF A CLASS "D" DRIVER'S LICENSE CAN OPERATE A CLASS "C" VEHICLE UNDER THE FOLLOWING CONDITIONS:
1. No driving between midnight and 6:00 am, no exceptions such as work, school, etc.,
2. No driving with any passengers in the car who is not an immediate family member for the first 6 months following license issuance; thereafter the class "D" driver cannot drive on the public roads with more than three other passengers in the vehicle less than 21 years of age, who are not members of the driver's immediate family.
3. A more comprehensive on-the-road- driving test must be taken and passed.
Persons under 18 years of age who are licensed in another jurisdiction and who drive in Georgia must comply to the limitation imposed on class "D" license holders. Also, persons who are licensed in another jurisdiction, who apply for a license in Georgia, do not have to take any test if they are 18 years of age or older. Otherwise, new residents must take the test required for a class "D" license.
Furthermore, anyone who is at least 18 years of age may apply for a class "C" drivers license. To be eligible for the class "C" license, the applicant must have been issued a class "D" license, and the class "D" license could not have been suspended for a period of 12 consecutive months prior to making application for the license. An applicant who is 18 years of age or older and who has never had a class "D" license, may apply for a class "C" license provided that he meets the requirements for the license including passing all required test.
ANY DRIVER WHO APPLIES FOR AN INITIAL CLASS "D" LICENSE MUST HAVE COMPLETED:
1. An approved driver education course and a cumulative total of at least 20 hours of supervised driving of which at least 6 hours must be at night; or
2. A cumulative total of at least 40 hours of supervised driving of which at least 6 hours must be at night. Supervised driving may be provided by any licensed class "C" driver who is at least 21 years of age with a sworn affidavit from parents/legal guardians certifying such instruction.
NO SCHOOL EQUALS NO LICENSE FOR PERSONS UNDER 18 YEARS OF AGE
No instruction permit nor any driver's license may be issued to a person who is younger than 18 years of age unless at the time he applies for the instruction permit or driver's license:
1. He presents acceptable proof that he has received a high school diploma, a GED diploma, a special diploma, or a certificate of high school completion,
2. He presents proof that he has parental or guardian permission to withdraw from school,
3. Or, the records of the department indicate that said applicant:
A) Is enrolled in and not under suspension from public or private school and satisfies relevant attendance requirements as set forth below, or
B) Is enrolled in a home education program which satisfies the requirements of state law.
The Department of Public Safety shall notify any minor driver who has been issued an instruction permit or drivers license that his permit or license is suspended subject to review if the Departments records indicate that such minor:
1. Has dropped out without graduating and has remained out for ten consecutive school days;
2. Has been suspended from school for:
A) Threatening, striking, or causing bodily harm to a teacher or other school personnel;
B) Possession or sale of drugs or alcohol on school property; or
C) Possession or use of a weapon on school property. An archeological or cultural exhibit brought to school associated with a project is not considered a "weapon".
The suspension shall be until the minor's 18th birthday. Regardless of when the minor turns 18 years of age or when he resumes regular studies, the license or permit is suspended for a minimum of ninety (90) days.
