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DUI Guru

What to do after a Second in Five Years Conviction

What is a Second in Five?

The basics are that you have a DUI conviction and within five years of the arrest date for the latest DUI, you had a DUI arrest that resulted in a conviction for a DUI. With DUI convictions, the important date is the date of offense. A second in five years DUI conviction has specific consequences and a specific path to reinstatement.

How Long is the Suspension?

The suspension is for 18 months. That 18 months runs from the effective date of your conviction. This is effected primarily by whether your license is surrendered or in possession of the State prior to or on the date of conviction.

What If I Do Not Have a Georgia License?

If you do not have a Georgia license, there are a few things you need to know?

  • You are not eligibile for a Georgia ignition interlock limited permit
  • The immediate effect of the conviction is only to suspend your privilege to operate an automobile in Georgia.
  • Georgia will make the conviction available to other states by an interstate database.
  • Your home state will likely take action against your license, treating the Georgia DUI conviction the same as a DUI conviction in your home state based on your prior record. If they do, they will send official notification to your mailing address as registered with your home state licensing agency.
  • You should consult early with a DUI attorney in your home state about those consequences.
  • Your home state may have provisions for early reinstatement or limited permits.

Can I Get a Work Permit Immediately?

No. You will have to wait at least 120 days before you can be issued any type of permit? Do not waste that waiting time. You can begin preparing to get a permit at the earliest possible date.

What Do I Need to Do to Get a Limited Permit at the 120 day point?

There are a few things you will need to do to be ready to apply for and be issued an ignition interlock permit:

  • Be at least 21 years old, not have a commercial drivers's license (CDL), and not be suspended for an offense that resulted in injuries or fatalities.
  • Complete a Georgia Drug/Alcohol Risk Reduction Program (or a similar program in another state which is acceptable to Georgia DDS).
  • Have a Georgia approved multiple offender clinical evaluation which will include recommendations for treatment.
  • Have either (1) a certificate of completion of the recommended treatment or (2) proof of enrollment in the recommended treatment.
  • Submit proof of installation of a DDS-approved ignition interlock device (IID).
  • Pay the $25 permit fee.

How Long Do I Have to Drive With an Ignition Interlock?

Unless this case has an offense date more than six years ago, the ignition interlock requirement is for twelve (12) months.

How Long is the Limited Permit Good For?

The initial permit will be for one year. If the program is successfully completed, then the ignition interlock device requirement can be removed and the limited permit can be reissued for additional periods of two months each if the person is not yet able to reinstate the full license. The permit can be reinstated only once after the person is eligible for reinstatement, so the maximum extension of the permit is four months.

Where Can I Drive With an Ignition Interlock Limited Permit?

There are limitations on the driving allowed on the ignition interlock device limited driving permit. The permitted driving is solely for the following purposes:

  • Going to the person's place of employment or performing the normal duties of the person's occupation
  • Receiving scheduled medical care or obtaining prescription drugs
  • Attending a college or school at which the person is enrolled as a student
  • Attending regularly scheduled sessions or meetings of treatment support organization related to addiction or abuse problems (Organizations approved by DDS)
  • Attending court ordered DUI school or treatment courses or programs approved by the court of conviction
  • Attending court, reporting to probation or community supervision or performing community service
  • 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
  • Attending any program, event, treatment or activity ordered by a judge of an accountability court in which the person is under supervision
  • Going to monthly monitoring visits with the ignition interlock device service provider

Can the Limited Permit Be Revoked?

Yes. There are two major ways that your limited permit can be revoked: (1) DDS receives notice that you have been convicted of a traffic offense during the permit period or (2) you are convicted of the offense of driving in violation of the permit conditions. If you are driving on an ignition interlock limited driving permit, it is imperative that you not speed or commit other traffic infractions. If you are cited for a traffic offense, you need to consult with your DUI attorney before taking any other action. Do not send in a cash bond or fine. Do not let a cash bond lapse. Any traffic offense conviction, including a cash bond forfeiture, can cause a revocation of your permit.

What about the Grocery Store? Or a Restaurant? Or the Mall? Or a Movie Theater?

None of those destinations are on the list of permitted uses of a limited permit. Destinations along your normal route of travel for an approved use may skate by but would still be in violation of the permit conditions. You can go to those places, but you should not drive there.

How Do You Get Your Regular License After 12 Months of an IIDLP?

When the person has successfully completed the 12 months of the ignition interlock device limited permit, there are only a few additional requirements before the person will get their regular license back.
□ Provide proof that the ignition interlock device was maintained for the 12 month period (provided by the device provider)
□ Show proof of completion of the recommended substance abuse treatment program
□ Pay a $200 reinstatement fee ($210 if in person)

What If I Cannot Afford the Ignition Interlock Device?

If the installation, maintenance and removal costs of an ignition interlock permit would cause undue financial hardship to the person, they may petition the sentencing court for a waiver of the ignition interlock device permit. However, the person receiving a financial hardship waiver must suffer a full twelve (12) month hard suspension with no driving and no permit. There is currently no program in Georgia to pay for ignition interlock devices for poor people. Some states do have such programs.

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