Bill Status
HB 681
Teen-age Driver Responsibility
Act; enact
1. Walker 141st 2. Skipper 137th 3. Lee 94th
4. Baker 70th 5. Randall 127th 6. Porter 143rd
House Comm: SJudy / Senate Comm: Judy /
House Vote: Yeas 171 Nays 6 Senate Vote: Yeas 53 Nays 0
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House Action Senate
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2/20/97 Read 1st Time 3/4/97
2/21/97 Read 2nd Time 3/18/97
2/27/97 Favorably Reported 3/17/97
Sub Committee Amend/Sub Sub
3/3/97 Read 3rd Time 3/20/97
3/3/97 Passed/Adopted 3/20/97
CSFA Comm/Floor Amend/Sub CSFA
3/25/97 Amend/Sub Agreed To
4/2/97 Sent to Governor
4/14/97 Signed by Governor
290 Act/Veto Number
7/1/97 Effective Date
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Rules Suspended to Introduce
Immediately Transmitted to the House
Code Sections amended: 17-10-3.1, 20-2-320, 20-2-690, 20-2-697, 37-7-2,
40-2-136, 40-5-1, 40-5-21, 40-5-22, 40-5-23, 40-5-24, 40-5-25, 40-5-27,
40-5-57.1, 40-5-63, 40-5-63.1, 40-5-64, 40-5-67, 40-5-67.1, 40-5-68, 40-5-69,
40-6-391, 40-6-391.1, 40-6-392, 42-8-110, 15-11-35
First Reader
1. Walker 141st 2. Skipper 137th 3. Lee 94th
4. Baker 70th 5. Randall 127th 6. Porter 143rd
HB 681
A BILL to amend Article 1 of Chapter 10 of Title 17 of the Official
Code of Georgia Annotated, relating to imposition of punishment for
crimes, so as to provide for confinement of certain persons convicted
of violating subsection (k) of Code Section 40-6-391; and for other
purposes.
Full Text
HB 681 HB 681/AP
H. B. No. 681 (AS PASSED HOUSE AND SENATE)
By: Representatives Walker of the 141st, Skipper of the
137th, Lee of the 94th, Baker of the 70th, Randall of the
127th and others
A BILL TO BE ENTITLED
AN ACT
1 To amend Article 1 of Chapter 11 of Title 15 of the Official
2 Code of Georgia Annotated, relating to juvenile proceedings,
3 so as to change certain provisions relating to disposition
4 of a delinquent child; to amend Article 1 of Chapter 10 of
5 Title 17 of the Official Code of Georgia Annotated, relating
6 to imposition of punishment for crimes, so as to provide for
7 confinement of certain persons convicted of violating
8 subsection (k) of Code Section 40-6-391; to amend Chapter 2
9 of Title 20 of the Official Code of Georgia Annotated,
10 relating to elementary and secondary education, so as to
11 provide that the Department of Education shall provide
12 certain school enrollment, attendance, and suspension
13 information to the Department of Public Safety; to provide
14 that school attendance records may be used by the Department
15 of Public Safety to verify school attendance; to amend Code
16 Section 37-7-2 of the Official Code of Georgia Annotated,
17 relating to authority of the Board of Human Resources, so as
18 to provide for certain regulations and fees; to amend Title
19 40 of the Official Code of Georgia Annotated, relating to
20 motor vehicles and traffic, so as to provide for surrender
21 of license plates of certain habitual violators; to provide
22 for special license plates; to provide for conveyances of
23 motor vehicles of certain habitual violators; to define
24 certain terms; to change certain provisions relating to
25 driver's license exemptions; to change certain provisions
26 relating to persons not to be licensed; to provide for the
27 issuance of a provisional license to drivers at least 16
28 years of age; to provide for a new class of license; to
29 change certain provisions relating to instruction permits;
30 to provide for requirements for obtaining a provisional
31 driver's license; to provide for a fee and application for a
32 provisional driver's license; to provide for restrictions on
33 provisional drivers' licenses; to change certain provisions
34 relating to examination of driver's license applicants; to
35 provide for school enrollment, attendance, and graduation
36 requirements for persons under 18 years of age applying for
37 or issued instruction permits and drivers' licenses; to
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1 provide for revocation of drivers' licenses of persons under
2 21 years of age in certain circumstances; to provide
3 restrictions on number of passengers transported by certain
4 drivers; to provide for zero tolerance for alcohol for
5 drivers under 21 years of age; to change certain provisions
6 relating to periods of suspension and conditions to return
7 of license; to provide clinical evaluation and treatment
8 requirements for certain offenders; to change certain
9 provisions relating to limited driving permits for certain
10 offenders; to change certain provisions relating to seizure
11 and disposition of drivers' licenses of persons charged with
12 driving under the influence, issuance of temporary driving
13 permits, and disposition of cases; to change certain
14 provisions relating to suspension by operation of law for
15 failure to complete alcohol or drug course following an
16 accepted plea of nolo contendere; to change certain
17 provisions relating to circumstances not affecting
18 suspension by operation of law; to extensively revise
19 provisions relative to driving under the influence of
20 alcohol or drugs; to change certain provisions relative to
21 the scope of hearings for drivers under 21 years of age; to
22 provide for punishments; to change certain provisions
23 relating to entry of plea of nolo contendere and order to
24 attend alcohol and drug course; to amend Article 7 of
25 Chapter 8 of Title 42, relating to use of ignition interlock
26 devices as a condition of probation, so as to change certain
27 provisions relating to definitions, applicability, and
28 purchase or lease of ignition interlock devices by counties
29 and muncipalities; to provide for related matters; to
30 provide a short title; to provide an effective date; to
31 provide for applicability; to repeal conflicting laws; and
32 for other purposes.
33 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
34 SECTION 1.
35 This Act shall be known and may be cited as the "Teen-age
36 and Adult Driver Responsibility Act."
37 SECTION 1A.
38 Article 1 of Chapter 11 of Title 15 of the Official Code of
39 Georgia Annotated, relating to juvenile proceedings, is
40 amended by adding to Code Section 15-11-35, relating to
41 disposition of a delinquent child, a new subsection (b.1) to
42 read as follows:
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1 "(b.1) Notwithstanding the provisions of subsections (a)
2 and (b) of this Code section, at the conclusion of the
3 adjudicatory hearing, if the child is found to have
4 committed a delinquent offense which would be a violation
5 of subsection (k) of Code Section 40-6-391 if committed by
6 an adult, the court shall make an order of disposition
7 which, for purposes of the child's rehabilitation, imposes
8 the same penalty, period of confinement, and period of
9 community service provided in Code Section 40-6-391 which
10 are applicable to an adult convicted of violating
11 subsection (k) of Code Section 40-6-391, with any such
12 period of confinement to be served in an institution,
13 camp, or other facility for delinquent children operated
14 under the direction of the court or other local public
15 authority or, if no such facility is available, in a
16 regional youth detention center, provided that such child
17 shall be kept segregated from all children other than
18 those confined for violating subsection (k) of Code
19 Section 40-6-391. A previous finding that the child
20 committed such a delinquent offense shall be deemed a
21 previous conviction for purposes of this subsection. The
22 judge shall have the same authority and discretion
23 regarding allowing service of confinement on weekends or
24 during nonworking hours as is provided under subsection
25 (a) of Code Section 17-10-3.1."
26 SECTION 2.
27 Article 1 of Chapter 10 of Title 17 of the Official Code of
28 Georgia Annotated, relating to imposition of punishment for
29 crimes, is amended by adding a new Code Section 17-10-3.1 to
30 read as follows:
31 "17-10-3.1.
32 (a) In any case where a person is sentenced to a period of
33 imprisonment under Code Section 40-6-391 upon conviction
34 for violating subsection (k) of said Code section, it is
35 within the authority and discretion of the sentencing
36 judge to allow the sentence to be served on weekends by
37 weekend confinement or during the nonworking hours of the
38 defendant. A weekend shall commence and shall end in the
39 discretion of the sentencing judge, and the nonworking
40 hours of the defendant shall be determined in the
41 discretion of the sentencing judge; provided, however,
42 that the judge shall retain plenary control of the
43 defendant at all times during the sentence period.
44 Confinement during the nonworking hours of a defendant
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1 during any day may be counted as serving a full day of the
2 sentence.
3 (b) Any confinement of a person pursuant to a sentence to
4 a period of imprisonment under Code Section 40-6-391 upon
5 conviction for violating subsection (k) of said Code
6 section shall be served in a county jail, provided that
7 such person shall be kept segregated from all offenders
8 other than those confined for violating subsection (k) of
9 Code Section 40-6-391."
10 SECTION 3.
11 Chapter 2 of Title 20 of the Official Code of Georgia
12 Annotated, relating to elementary and secondary education,
13 is amended by adding at the end of Code Section 20-2-320,
14 relating to state-wide comprehensive educational information
15 network, a new subsection (g) to read as follows:
16 "(g) Notwithstanding any other provision of law, the
17 Department of Education is authorized to and shall obtain
18 and provide to the Department of Public Safety in a form
19 to be agreed upon between the departments enrollment,
20 attendance, and suspension information regarding minors 15
21 through 17 years of age reported pursuant to Code Sections
22 20-2-690 and 20-2-697, to be used solely for the purposes
23 set forth in subsection (a.1) of Code Section 40-5-22."
24 SECTION 4.
25 Said chapter is further amended by striking in its entirety
26 Code Section 20-2-690, relating to requirements for private
27 schools and home study programs, and inserting in lieu
28 thereof a new Code Section 20-2-690 to read as follows:
29 "20-2-690.
30 (a) This subpart recognizes the existence of public
31 schools, private schools, and home study programs as
32 educational entities.
33 (b) As used in this subpart, the term 'private school'
34 means an institution meeting the following criteria or
35 requirements:
36 (1) The primary purpose of the institution is to provide
37 education or, if the primary purpose of the institution
38 is religious in nature, the institution shall provide
39 the basic academic educational program specified in
40 paragraph (4) of this subsection;
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1 (2) The institution is privately controlled and operates
2 on a continuing basis;
3 (3) The institution provides instruction each 12 months
4 for the equivalent of 180 school days of education with
5 each school day consisting of at least four and one-half
6 school hours;
7 (4) The institution provides a basic academic
8 educational program which includes, but is not limited
9 to, reading, language arts, mathematics, social studies,
10 and science;
11 (5) Within 30 days after the beginning of each school
12 year, it shall be the duty of the administrator of each
13 private school to provide to the school superintendent
14 of each local public school district which has residents
15 enrolled in the private school a list of the name, age,
16 and residence of each resident so enrolled. At the end
17 of each school month, it shall be the duty of the
18 administrator of each private school to notify the
19 school superintendent of each local public school
20 district of the name, age, and residence of each student
21 residing in the public school district who enrolls or
22 terminates enrollment at the private school during the
23 immediately preceding school month. Such records shall
24 indicate when attendance has been suspended and the
25 grounds for such suspension. Enrollment records and
26 reports shall not be used for any purpose except
27 providing necessary enrollment information, except with
28 the permission of the parent or guardian of a child, or
29 pursuant to the subpoena of a court of competent
30 jurisdiction, or for verification of attendance by the
31 Department of Public Safety for the purposes set forth
32 in subsection (a.1) of Code Section 40-5-22; and
33 (6) Any building used by the institution for private
34 school purposes meets all health and safety standards
35 established under state law and local ordinances.
36 (c) Parents or guardians may teach their children at home
37 in a home study program which meets the following
38 requirements:
39 (1) The parent, parents, or guardian must submit within
40 30 days after the establishment of a home study program
41 and by September 1 annually thereafter a declaration of
42 intent to utilize a home study program to the
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1 superintendent of schools of the local school district
2 in which the home study program is located;
3 (2) The declaration shall include a list of the names
4 and ages of the students who are enrolled in the home
5 study program, the address where the home study program
6 is located, and a statement of the 12 month period that
7 is to be considered the school year for that home study
8 program. Enrollment records and reports shall not be
9 used for any purpose except providing necessary
10 enrollment information, except with the permission of
11 the parent or guardian of a child, or pursuant to the
12 subpoena of a court of competent jurisdiction, or for
13 verification of attendance by the Department of Public
14 Safety for the purposes set forth in subsection (a.1) of
15 Code Section 40-5-22;
16 (3) Parents or guardians may teach only their own
17 children in the home study program, provided the
18 teaching parent or guardian possesses at least a high
19 school diploma or a general educational development
20 (GED) equivalency diploma, but the parents or guardians
21 may employ a tutor who holds at least a baccalaureate
22 college degree to teach such children;
23 (4) The home study program shall provide a basic
24 academic educational program which includes, but is not
25 limited to, reading, language arts, mathematics, social
26 studies, and science;
27 (5) The home study program must provide instruction each
28 12 months to home study students equivalent to 180
29 school days of education with each school day consisting
30 of at least four and one-half school hours unless the
31 child is physically unable to comply with the rule
32 provided for in this paragraph;
33 (6) Attendance records for the home study program shall
34 be kept and shall be submitted at the end of each month
35 to the school superintendent of the local school
36 district in which the home study program is located.
37 Attendance records and reports shall not be used for any
38 purpose except providing necessary attendance
39 information, except with the permission of the parent or
40 guardian of a child, or pursuant to the subpoena of a
41 court of competent jurisdiction, or for verification of
42 attendance by the Department of Public Safety for the
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1 purposes set forth in subsection (a.1) of Code Section
2 40-5-22;
3 (7) Students in home study programs shall be subject to
4 an appropriate nationally standardized testing program
5 administered in consultation with a person trained in
6 the administration and interpretation of norm reference
7 tests to evaluate their educational progress at least
8 every three years beginning at the end of the third
9 grade and records of such tests and scores shall be
10 retained but shall not be required to be submitted to
11 public educational authorities; and
12 (8) The home study program instructor shall write an
13 annual progress assessment report which shall include
14 the instructor's individualized assessment of the
15 student's academic progress in each of the subject areas
16 specified in paragraph (4) of this subsection, and such
17 progress reports shall be retained by the parent,
18 parents, or guardian of children in the home study
19 program for a period of at least three years.
20 (d) Any person who operates a private school without
21 complying with the requirements of subsection (b) of this
22 Code section or any person who operates a home study
23 program without complying with the requirements of
24 subsection (c) of this Code section shall be guilty of a
25 misdemeanor and, upon conviction thereof, shall be
26 punished by a fine not to exceed $100.00.
27 (e) The State Board of Education shall devise, adopt, and
28 make available to local school superintendents, who shall
29 in turn make available to administrators of private
30 schools and parents or guardians with children in home
31 study programs, such printed forms and procedures as may
32 be reasonably necessary to carry out efficiently the
33 reporting provisions of this Code section, but such
34 printed forms and procedures shall not be inconsistent
35 with or exceed the requirements of this Code section."
36 SECTION 5.
37 Said chapter is further amended by striking in its entirety
38 subsection (a) of Code Section 20-2-697 of the Official Code
39 of Georgia Annotated, relating to attendance reports and
40 records kept by public schools, and inserting in lieu
41 thereof a new subsection (a) to read as follows:
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1 "(a) Visiting teachers and attendance officers shall
2 receive the cooperation and assistance of all teachers and
3 principals of public schools in the local school systems
4 within which they are appointed to serve. It shall be the
5 duty of the principals or local school site administrators
6 and of the teachers of all public schools to report, in
7 writing, to the visiting teacher or attendance officer of
8 the local school system the names, ages, and residences of
9 all students in attendance at their schools and classes
10 within 30 days after the beginning of the school term or
11 terms and to make such other reports of attendance in
12 their schools or classes as may be required by rule or
13 regulation of the State Board of Education. All public
14 schools shall keep daily records of attendance, verified
15 by the teachers certifying such records. Such reports
16 shall be open to inspection by the visiting teacher,
17 attendance officer, or duly authorized representative at
18 any time during the school day. Any such attendance
19 records and reports which identify students by name shall
20 be used only for the purpose of providing necessary
21 attendance information required by the state board or by
22 law, except with the permission of the parent or guardian
23 of a child, or pursuant to the subpoena of a court of
24 competent jurisdiction, or for verification of attendance
25 by the Department of Public Safety for the purposes set
26 forth in subsection (a.1) of Code Section 40-5-22. Such
27 attendance records shall also be maintained in a format
28 which does not identify students by name, and in this
29 format shall be a part of the data collected for the
30 student record component of the state-wide comprehensive
31 educational information network pursuant to subsection (b)
32 of Code Section 20-2-320 and for the annual profiles
33 pursuant to subsection (d) of Code Section 20-2-282."
34 SECTION 6.
35 Code Section 37-7-2 of the Official Code of Georgia
36 Annotated, relating to authority of the Board of Human
37 Resources, is amended by adding a new subsection (a.1) to
38 read as follows:
39 "(a.1) The board shall issue regulations to implement the
40 provisions of Code Section 40-5-63.1 relative to clinical
41 evaluations and substance abuse treatment programs and
42 shall prescribe such application fees for providers
43 desiring authorization to provide clinical evaluations or
44 substance abuse treatment programs as are reasonably
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1 necessary to cover the cost of considering such
2 applications. Such regulations shall provide for approval
3 of providers and such approval shall be valid continuously
4 unless and until revoked in accordance with such
5 regulations."
6 SECTION 7.
7 Title 40 of the Official Code of Georgia Annotated, relating
8 to motor vehicles and traffic, is amended by adding a new
9 Code Section 40-2-136 to read as follows:
10 "40-2-136.
11 (a) If a person is convicted of violating Code Section
12 40-6-391 and the person's driver's license is suspended or
13 revoked pursuant to Code Section 40-5-58, the court shall
14 issue an order requiring that the license plate of the
15 motor vehicle which such person was operating at the time
16 of violating Code Section 40-6-391 be surrendered to the
17 court, provided that such motor vehicle is registered in
18 such person's name. In the event a person was operating a
19 motor vehicle not registered in such person's name at the
20 time of violating Code Section 40-6-391, the court shall
21 issue an order requiring that the license plate of any
22 motor vehicle registered in such person's name be
23 surrendered to the court. The court shall notify the
24 commissioner of public safety and the commissioner of
25 revenue within ten days after issuing any such order. The
26 court shall issue a receipt for the surrendered license
27 plate or plates. The court shall forward the surrendered
28 license plate or plates to the local tag agent immediately
29 upon receipt.
30 (b) Except as provided in subsection (c) of this Code
31 section, no new license plate or plates may be issued to a
32 person subject to a court order issued pursuant to
33 subsection (a) of this Code section until the driver's
34 license of such person has been reissued or reinstated,
35 and, except as provided in subsection (c) of this Code
36 section, it shall be a misdemeanor for such person to
37 obtain a new license plate or plates.
38 (c)(1) A person who is subject to a court order issued
39 pursuant to subsection (a) of this Code section may
40 apply to the commissioner of public safety for
41 authorization to obtain a new license plate or plates
42 bearing a special series of numbers and letters so as to
43 be identifiable by law enforcement officers. Such
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1 license plate shall not, in and of itself, constitute
2 probable cause to authorize a traffic stop, search of a
3 motor vehicle, or seizure. The commissioner of public
4 safety shall determine whether the applicant has a valid
5 limited driving permit or probationary license or
6 whether there is another member of such person's
7 household who possesses a valid driver's license, and in
8 no event shall such determination take more than five
9 business days. A local tag agent shall not issue any
10 plates except on written approval of the commissioner of
11 public safety, payment of a $20.00 fee for each vehicle
12 for which a special plate is issued, and compliance by
13 the applicant with all applicable state laws. The
14 written authorization from the commissioner of public
15 safety shall specify the maximum number of license
16 plates a person may obtain.
17 (2) A motor vehicle owned or leased by a person subject
18 to a court order issued pursuant to subsection (a) of
19 this Code section or for which a license plate has been
20 issued subject to paragraph (1) of this subsection may
21 not be sold or conveyed unless the commissioner of
22 revenue determines, upon receipt of proper application,
23 that the proposed sale or conveyance is in good faith,
24 that the person subject to such court order will be
25 deprived of custody or control of the motor vehicle, and
26 that the sale or conveyance is not for the purpose of
27 circumventing the provisions of this Code section. Upon
28 making such determination, the commissioner of revenue
29 shall transfer the certificate of title to such vehicle
30 and issue a new certificate of registration and license
31 plate.
32 (3) If the title to a motor vehicle owned by a person
33 subject to a court order issued pursuant to subsection
34 (a) of this Code section or for which a license plate
35 has been issued pursuant to paragraph (1) of this
36 subsection is transferred by the foreclosure,
37 cancellation of a conditional sales contract, sale upon
38 execution, or order of a court of competent
39 jurisdiction, the commissioner of revenue shall transfer
40 the certificate of title as provided in Code Section
41 40-3-34 and issue a new license plate to the new
42 registered owner.
43 (4) Upon full restoration of the driving privileges of a
44 person subject to a court order under subsection (a) of
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1 this Code section, the commissioner of public safety
2 shall authorize the person to apply for a regular issue
3 license plate. The fee for a regular issue license
4 plate shall be as provided by Code Section 48-10-2. As
5 a condition of obtaining any regular issue license
6 plate, the person shall surrender his or her special
7 issue license plate to the local tag agent.
8 (5) Nothing in this Code section shall be deemed to
9 waive any lawful requirement for the issuance of a
10 license plate including, but not limited to, proof of
11 financial responsibility.
12 (6) Display of a license plate issued pursuant to
13 paragraph (1) of this subsection shall not constitute
14 probable cause for stopping or detaining a vehicle.
15 (7) Any person aggrieved by a decision of the
16 commissioner of public safety pursuant to paragraph (1)
17 of this subsection may make a request in writing to the
18 Office of State Administrative Hearings for a hearing.
19 Such hearing shall follow the procedures required by
20 Chapter 13 of Title 50, the 'Georgia Administrative
21 Procedure Act.'"
22 SECTION 8.
23 Said title is further amended by striking paragraph (1) of
24 Code Section 40-5-1, relating to definitions, and inserting
25 in lieu thereof a new paragraph (1) and by adding new
26 paragraphs (3.1) and (16.2), respectively, to read as
27 follows:
28 "(1) 'Assessment component' means the standard
29 assessment screening instrument or instruments
30 designated by the Department of Human Resources which is
31 are used to evaluate screen for the extent of an
32 individual's substance abuse alcohol or drug use and its
33 impact on the use of alcohol or drugs and driving."
34 "(3.1) 'Clinical evaluation' means an evaluation under
35 Chapter 7 of Title 37 at a facility to diagnose an
36 individual's substance abuse or dependence and, if
37 indicated, to refer the individual to appropriate
38 treatment."
39 "(16.2) 'Substance abuse treatment program' means a
40 program of treatment under Chapter 7 of Title 37 at a
41 facility authorized to provide services designed to meet
42 an individual's substance abuse treatment needs based
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1 upon the results of a clinical evaluation performed by a
2 provider other than the provider of the treatment
3 program for such individual."
4 SECTION 9.
5 Said title is further amended by striking in its entirety
6 Code Section 40-5-21, relating to general exemptions from
7 drivers' licenses, and inserting in lieu thereof the
8 following:
9 "40-5-21.
10 (a) Except as provided in Article 7 of this chapter, the
11 'Georgia Uniform Commercial Driver's License Act,' the
12 following persons are exempt from licenses under this
13 chapter:
14 (1) Any employee of the United States government while
15 operating a motor vehicle owned by or leased to the
16 United States government and which is being operated on
17 official business, unless such employee is required by
18 the United States government or any agency thereof to
19 have a state driver's license;
20 (2) A nonresident who is at least 16 years of age and
21 who has in his or her immediate possession a valid
22 license issued to him or her in his or her home state or
23 country; provided, however, that any restrictions which
24 would apply to a Georgia driver's license as a matter of
25 law would apply to the privilege afforded to the
26 out-of-state license;
27 (3) A nonresident on active duty in the armed forces of
28 the United States who has a valid license issued by his
29 or her home state, and such nonresident's spouse or
30 dependent son or daughter who has a valid license issued
31 by such person's home state;
32 (4) Any person on active duty in the armed forces of the
33 United States who has in his or her immediate possession
34 a valid license issued in a foreign country by the armed
35 forces of the United States, for a period of not more
36 than 45 days from the date of his or her return to the
37 United States;
38 (5) Any inmate or resident patient of a state, county,
39 or municipally owned institution who drives a vehicle
40 while on the grounds of such institution and while
41 accompanied by and under the direct personal supervision
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1 of a qualified driving instructor or of some other
2 person duly authorized in writing to so accompany and
3 supervise such inmate or resident patient;
4 (6) Any person driving or operating a farm tractor or
5 farm implement temporarily operated on a highway for the
6 purpose of conducting farm business;
7 (7) Any inmate of a state, county, or municipal prison,
8 correctional institution, or jail while operating a
9 motor vehicle owned by or leased to the state, county,
10 or municipality and being operated with the written
11 approval of the warden or superintendent and in such
12 manner and for such purpose as may be specified by the
13 warden or superintendent, provided that such inmate,
14 within the 60 day period prior to the grant of written
15 authority, has passed the vision, written, and driving
16 tests required for licensing a citizen to operate such
17 motor vehicle. The department shall give such tests and
18 issue a certificate, without charge therefor, to any
19 inmate passing such tests;
20 (8) A member of the reserve components of the armed
21 forces of the United States while operating a motor
22 vehicle owned by or leased to the United States
23 government and being operated in accordance with the
24 duties of such member as a member of the reserve
25 components of the armed forces;
26 (9) Any person seeking to obtain a driver's license
27 while taking the driving examination for such license
28 accompanied by a driver license examiner of the
29 department or a certified examining agent of the
30 department;
31 (10) Any migrant farm worker who works in this state
32 less than 90 days in any calendar year and who possesses
33 a valid driver's license issued by another state; and
34 (11) Any resident who is 15 years of age or over while
35 taking actual in-car training in a training vehicle
36 other than a commercial motor vehicle under the direct
37 personal supervision of a driving instructor when such
38 driving instructor and training vehicle are licensed by
39 the Department of Public Safety in accordance with the
40 provisions of Chapter 13 of Title 43, 'The Driver
41 Training School License Act,' or when such driving
42 instructor and vehicle are approved by the State
43 Department of Education for a driver education program
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1 offered by a public high school, provided that the
2 course is open only to students of such accredited
3 school. As used in the previous sentence, the term
4 'commercial motor vehicle' shall have the meaning
5 specified in Code Section 40-5-142. All vehicles
6 utilized for the in-car training authorized under this
7 paragraph shall be equipped with dual controlled brakes
8 and shall be marked with signs in accordance with the
9 Department of Public Safety or Department of Education
10 rules clearly identifying such vehicles as training cars
11 belonging to a driving school or public high school. A
12 driving instructor shall test the eyesight of any
13 unlicensed person who will be receiving actual in-car
14 training prior to commencement of such training, and no
15 unlicensed driver shall receive in-car training unless
16 such person has at least the visual acuity and
17 horizontal field of vision as is required for issuance
18 of a driver's license in subsection (c) of Code Section
19 40-5-27.
20 (b) Notwithstanding any contrary provisions of Code
21 Section 40-5-20 or subsection (a) of this Code section, a
22 nonresident of this state who is attending a school in
23 this state shall be exempt from the driver's licensing
24 requirements of this chapter if and only if:
25 (1) He or she is at least 16 years of age and has in his
26 or her immediate possession a valid license issued to
27 him or her in his or her home state or country;
28 provided, however, that any restrictions which would
29 apply to a Georgia driver's license as a matter of law
30 would apply to the privilege afforded to the
31 out-of-state license; and
32 (2) He or she is currently enrolled in a school in this
33 state, has paid for the current period of enrollment the
34 tuition charged by the school to nonresidents of
35 Georgia, and has in his or her possession proof of
36 payment of such tuition for such current period of
37 enrollment."
38 SECTION 10.
39 Said title is further amended by striking in its entirety
40 subsection (a) of Code Section 40-5-22, relating to persons
41 not to be licensed, and inserting new subsections (a) and
42 (a.1) to read as follows:
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1 "(a) The department shall not issue any Class C driver's
2 license to any person who is under 18 years of age or
3 Class M driver's license to any person who is under the
4 age of 16 years, except that the department may, under
5 subsection (a) of Code Section 40-5-24, issue a Class P
6 instruction permit permitting the operation of a
7 noncommercial Class C vehicle to any person who is at
8 least 15 years of age, and may, under subsection (b) of
9 Code Section 40-5-24, issue a Class D driver's license
10 permitting the operation of a noncommercial Class C
11 vehicle to any person who is at least 16 years of age. On
12 and after January 1, 1985, the department shall not issue
13 any driver's license to any person under 18 years of age
14 unless such person presents a certificate or other
15 evidence acceptable to the department which indicates
16 satisfactory completion of an alcohol and drug course as
17 prescribed in subsection (b) of Code Section 20-2-142;
18 provided, however, that a person under 18 years of age who
19 becomes a resident of this state and who has in his or her
20 immediate possession a valid license issued to him or her
21 in another state or country shall not be required to take
22 or complete the alcohol and drug course. The department
23 shall not issue a driver's license or a Class P
24 instruction permit for the operation of a Class A or B
25 vehicle or any commercial driver's license to any person
26 who is under the age of 18 years.
27 (a.1)(1) The department shall not issue an instruction
28 permit or driver's license to a person who is younger
29 than 18 years of age unless at the time such minor
30 submits an application for an instruction permit or
31 driver's license the applicant presents acceptable proof
32 that he or she has received a high school diploma, a
33 general educational development (GED) equivalency
34 diploma, a special diploma, or a certificate of high
35 school completion, has permission of his or her parent
36 or guardian to withdraw from school, or has terminated
37 his or her secondary education and is enrolled in a
38 postsecondary school or the records of the department
39 indicate that said applicant:
40 (A) Is enrolled in and not under suspension from a
41 public or private school and satisfies relevant
42 attendance requirements as set forth in paragraph (2)
43 of this subsection; or
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1 (B) Is enrolled in a home education program that
2 satisfies the requirements of all state laws governing
3 such courses.
4 (2) The department shall forthwith notify by certified
5 mail, return receipt requested, any minor issued an
6 instruction permit or driver's license in accordance
7 with this subsection other than a minor who has
8 terminated his or her secondary education and is
9 enrolled in a postsecondary school or who has permission
10 of his or her parent or guardian to withdraw from school
11 that such minor's instruction permit or driver's license
12 is suspended subject to review as provided for in this
13 subsection if the records of the department indicate
14 that such minor:
15 (A) Has dropped out of school without graduating and
16 has remained out of school for ten consecutive school
17 days;
18 (B) Has more than ten consecutive school days of
19 unexcused absences in any semester or combination of
20 two consecutive quarters; or
21 (C) Has been suspended from school for:
22 (i) Threatening, striking, or causing bodily harm to
23 a teacher or other school personnel;
24 (ii) Possession or sale of drugs or alcohol on
25 school property; or
26 (iii) Possession or use of a weapon on school
27 property. For purposes of this subparagraph, the
28 term 'weapon' shall not include any part of an
29 archeological or cultural exhibit brought to school
30 in connection with a school project.
31 Notice given by certified mail with return receipt
32 requested mailed to the person's last known address
33 shall be prima-facie evidence that such person received
34 the required notice. The minor so notified may request
35 in writing a hearing within ten business days from the
36 date of receipt of notice. Within 30 days after
37 receiving a written request for a hearing, the
38 department shall hold a hearing as provided for in
39 Chapter 13 of Title 50, the 'Georgia Administrative
40 Procedure Act.' After such hearing, the department shall
41 sustain its order of suspension or rescind such order.
42 Appeal from such hearing shall be in accordance with
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1 said chapter. If no hearing is requested within the ten
2 business days specified above, the right to a hearing
3 shall have been waived and the instruction permit or
4 driver's license of the minor shall remain suspended.
5 The suspension provided for in this paragraph shall be
6 for a period to end upon the date of such minor's
7 eighteenth birthday, but such minor's instruction permit
8 or driver's license shall be reinstated if the minor
9 submits evidence satisfactory to the department that he
10 or she has resumed regular studies as determined by the
11 State Board of Education and qualifies for an
12 instruction permit or driver's license under the
13 provisions of this subsection, upon payment of a
14 restoration fee of $50.00; provided, however, that any
15 instruction permit or driver's license suspended
16 pursuant to subparagraph (C) of this paragraph shall not
17 be reinstated until 90 days after the effective date of
18 the suspension of such permit or license.
19 (3) The State Board of Education and the Board of Public
20 Safety are authorized to promulgate rules and
21 regulations to implement the provisions of this
22 subsection."
23 SECTION 11.
24 Said title is further amended by striking in its entirety
25 subsection (c) of Code Section 40-5-23, relating to classes
26 of licenses, and inserting in lieu thereof the following:
27 "(c) The noncommercial classes of motor vehicles for which
28 operators may be licensed shall be as follows:
29 Class A -- Any combination of vehicles with a gross
30 vehicle weight rating of 26,001 pounds or more, provided
31 the gross vehicle weight rating of the vehicle or
32 vehicles being towed is in excess of 10,000 pounds, and
33 all vehicles included within Class B and Class C;
34 Class B -- Any single vehicle with a gross vehicle
35 weight rating of 26,001 pounds or more, any such vehicle
36 towing a vehicle with a gross vehicle weight rating not
37 in excess of 10,000 pounds, and all vehicles included
38 within Class C;
39 Class C -- Any single vehicle with a gross vehicle
40 weight rating not in excess of 26,000 pounds or any such
41 vehicle towing a vehicle with a gross vehicle weight
42 rating not in excess of 10,000 pounds and any
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1 self-propelled or towed vehicle that is equipped to
2 serve as temporary living quarters for recreational,
3 camping, or travel purposes and is used solely as a
4 family or personal conveyance;
5 Class D -- Provisional license applicable to
6 noncommercial Class C vehicles for which an applicant
7 desires a driver's license but is not presently licensed
8 to drive;
9 Class M -- Motorcycles, motor driven cycles, and
10 three-wheeled motorcycles;
11 Class P -- Instructional permit applicable to all types
12 of vehicles for which an applicant desires a driver's
13 license, but is not presently licensed to drive.
14 Any applicant for a Class A or Class B license must
15 possess a valid Georgia driver's license for Class C
16 vehicles. A license issued pursuant to this Code section
17 shall not be a commercial driver's license."
18 SECTION 12.
19 Said title is further amended by striking in its entirety
20 Code Section 40-5-24, relating to instruction permits and
21 temporary licenses, and inserting in lieu thereof the
22 following:
23 "40-5-24.
24 (a)(1) Any resident of this state who is at least 15
25 years of age may apply to the department for an
26 instruction permit to operate a noncommercial Class C
27 vehicle. The department shall, after the applicant has
28 successfully passed all parts of the examination
29 referred to in Code Section 40-5-27 other than the
30 driving test, issue to the applicant an instruction
31 permit which shall entitle the applicant, while having
32 such permit in his or her immediate possession, to drive
33 a Class C vehicle upon the public highways for a period
34 of two years 12 months when accompanied by a person at
35 least 18 21 years of age who is licensed as a driver for
36 a commercial or noncommercial Class C vehicle, who is
37 fit and capable of exercising control over the vehicle,
38 and who is occupying a seat beside the driver.
39 (2) A person who has been issued an instruction permit
40 under this subsection and has never been issued a Class
41 D driver's license under subsection (b) of this Code
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1 section will become eligible for a Class D driver's
2 license under subsection (b) of this Code section only
3 if such person is at least 16 years of age, has a valid
4 instruction permit which is not under suspension, and,
5 for a period of not less than 12 consecutive months
6 prior to making application for a Class D driver's
7 license, has not been convicted of a violation of Code
8 Section 40-6-391, hit and run or leaving the scene of an
9 accident in violation of Code Section 40-6-270, racing
10 on highways or streets, using a motor vehicle in fleeing
11 or attempting to elude an officer, reckless driving, or
12 convicted of any offense for which four or more points
13 are assessable under subsection (c) of Code Section
14 40-5-57.
15 (3) This subsection does not apply to instruction
16 permits for the operation of motorcycles.
17 (b)(1) Any resident of this state who is at least 16
18 years of age and who, for a period of at least 12
19 months, had a valid instruction permit issued under
20 subsection (a) of this Code section may apply to the
21 department for a Class D driver's license to operate a
22 noncommercial Class C vehicle if such resident has
23 otherwise complied with all prerequisites for the
24 issuance of such Class D driver's license as provided in
25 subsection (a) of this Code section. The department
26 shall, after the applicant has successfully passed a
27 behind the wheel road test, issue to the applicant a
28 Class D driver's license which shall entitle the
29 applicant, while having such license in his or her
30 immediate possession, to drive a Class C vehicle upon
31 the public highways of this state under the following
32 conditions:
33 (A) The Class D license holder shall not drive a Class
34 C motor vehicle on the public roads, streets, or
35 highways of this state between the hours of 1:00 A.M.
36 and 5:00 A.M. eastern standard time or eastern
37 daylight time, whichever is applicable, unless:
38 (i) Going to or from a place of business where he or
39 she is actually employed on a regularly scheduled
40 basis;
41 (ii) Going to or from an event or activity sponsored
42 or sanctioned by a secondary or postsecondary school
43 in which he or she is enrolled as a student;
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1 (iii) Going to or from an event or activity
2 sponsored or sanctioned by a religious organization;
3 or
4 (iv) For the purpose of a medical, fire, or law
5 enforcement related emergency; and
6 (B) The Class D license holder shall not drive a Class
7 C motor vehicle upon the public roads, streets, or
8 highways of this state when more than three other
9 passengers in the vehicle who are not members of the
10 driver's immediate family are less than 21 years of
11 age; provided, however, that a Class D license holder
12 shall not be charged with a violation of this
13 subparagraph alone but may be charged with violating
14 this subparagraph in addition to any other traffic
15 offense.
16 (2) A person who has been issued a Class D driver's
17 license under this subsection and has never been issued
18 a Class C driver's license under this chapter will
19 become eligible for a Class C driver's license under
20 this chapter only if such person has a valid Class D
21 driver's license which is not under suspension and, for
22 a period of not less than 12 consecutive months prior to
23 making application for a Class C driver's license, has
24 not been convicted of a violation of Code Section
25 40-6-391, hit and run or leaving the scene of an
26 accident in violation of Code Section 40-6-270, racing
27 on highways or streets, using a motor vehicle in fleeing
28 or attempting to elude an officer, reckless driving, or
29 convicted of any offense for which four or more points
30 are assessable under subsection (c) of Code Section
31 40-5-57 and is at least 18 years of age.
32 (b)(c) Any resident of this state who is at least 16 years
33 of age may apply to the department for a noncommercial
34 Class M motorcycle instruction permit. The department
35 shall, after the applicant has successfully passed all
36 parts of the examination other than the driving test,
37 issue to the applicant an instruction permit which shall
38 entitle the applicant, while having such permit in his or
39 her immediate possession, to drive a motorcycle or a motor
40 driven cycle upon the public highways for a period of six
41 months. A motorcycle instruction permit shall not be
42 valid when carrying passengers, or on a limited access
43 highway, or at night.
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1 (c)(d) Any resident of this state who is at least 18 years
2 of age may apply to the department for an instruction
3 permit to operate noncommercial vehicles in Classes A and
4 B. Such permits may be issued only to persons with valid
5 commercial or noncommercial Class C licenses or persons
6 who have passed all required tests for a commercial or
7 noncommercial Class C license. The department shall,
8 after the applicant has successfully passed all parts of
9 the appropriate examination other than the skill and
10 driving test, issue to the applicant an instruction permit
11 which shall entitle the applicant, while having the permit
12 in his or her immediate possession, to operate a vehicle
13 of the appropriate noncommercial class upon the public
14 highways for a period of 12 months when accompanied by a
15 licensed driver, qualified in the vehicle being operated,
16 who is fit and capable of exercising control over the
17 vehicle, and who is occupying a seat beside the driver as
18 an instructor. Prior to being issued a driver's license
19 for Classes A and B, the applicant shall pass a knowledge
20 and skill test for driving a Class A or B vehicle as
21 provided by the commissioner.
22 (d)(e) The department shall issue a temporary driver's
23 permit to an applicant for a driver's license permitting
24 him or her to operate a specified type or class of motor
25 vehicle while the department is completing its
26 investigation and determination of all facts relative to
27 such applicant's eligibility to receive a driver's
28 license. Such permit must be in his or her immediate
29 possession while operating a motor vehicle, and it shall
30 be invalid when the applicant's license has been issued or
31 for good cause has been refused. Such permit shall be
32 valid for no more than 45 days. When a license has been
33 refused, the permit shall be returned to the department
34 within ten days of receipt of written notice of refusal. (e) Any resident of this state holding a noncommercial
36 Class P instruction permit issued pursuant to subsection
37 (a) of this Code section who is convicted of any moving
38 hazardous offense which resulted in an accident or a
39 suspension of such noncommercial Class P instruction
40 permit shall not be authorized to apply for and receive a
41 noncommercial Class A, B, or C driver's license for a
42 period of 12 months following the date of conviction of
43 any of the offenses enumerated in this subsection. This
44 subsection shall not prohibit any person from reapplying
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1 for a subsequent noncommercial Class P instruction
2 permit."
3 SECTION 13.
4 Said title is further amended by striking in its entirety
5 subsection (a) of Code Section 40-5-25, relating to
6 applications and fees for drivers' licenses and instruction
7 permits, and inserting in lieu thereof the following:
8 "(a) Every application for an instruction permit or for a
9 driver's license shall be made upon a form furnished by
10 the department. Every application shall be accompanied by
11 the proper license fee. The fees shall be as established
12 by the Department of Public Safety, not to exceed:
13 (1) For instruction permits for Classes A, B,
14 C, and M drivers' licenses and for Class D
15 drivers' licenses...............................$ 10.00
16 (2) For Classes C and M drivers' licenses........ 15.00
17 (3) For Classes A and B drivers' licenses........ 15.00
18 (4) For application for Classes A, B, C, and M
19 commercial drivers' licenses or a Class P
20 commercial driver's instruction permit........... 35.00
21 (5) For Class P commercial drivers' instruction
22 permits for Classes A, B, C, and M commercial
23 drivers' licenses................................ 10.00
24 (6) For Classes A, B, C, and M commercial
25 drivers' licenses, initial issuance requiring a
26 road test........................................ 65.00
27 (7) For Classes A, B, C, and M commercial
28 drivers' licenses, initial issuance not
29 requiring a road test............................ 15.00
30 (8) For renewal of Classes A, B, C, and M
31 commercial drivers' licenses..................... 15.00
32 (9) Initial issuance of Classes A, B, C, and M
33 commercial drivers' licenses and Class P
34 commercial drivers' instruction permits shall
35 include all endorsement fees within the license
36 fee. Each endorsement added after initial
37 licensing........................................ 5.00
38 Except as provided in Code Section 40-5-36, relating to
39 veterans' licenses, and Code Section 40-5-149, relating to
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1 application fees for public school bus drivers, there
2 shall be no exceptions to the fee requirements for a
3 commercial driver's license or a commercial driver's
4 license permit. Notwithstanding any other provision of
5 this Code section, there shall be no fee whatsoever for
6 replacement of any driver's license solely due to a change
7 of the licensee's name or address, provided that such
8 replacement license shall be valid only for the remaining
9 period of such original license; and provided, further,
10 that only one such free replacement license may be
11 obtained within any four-year period for which the license
12 was originally issued."
13 SECTION 14.
14 Said title is further amended by striking subsection (a) of
15 Code Section 40-5-27, relating to examination of applicants
16 for drivers' licenses, and inserting in its place the
17 following:
18 "(a) The department shall examine every applicant for a
19 driver's license. Such examination shall include a test of
20 the applicant's eyesight, his or her ability to understand
21 official traffic-control devices, and his or her knowledge
22 of safe driving practices and the traffic laws of this
23 state and may include an actual demonstration of ability
24 to exercise ordinary and reasonable control in the
25 operation of a motor vehicle of the type or general class
26 of vehicles he or she desires a license to drive.
27 Applicants 18 years of age and older with valid and
28 current licenses issued by another state of the United
29 States or the District of Columbia who surrender their
30 previous licenses to obtain a Georgia license shall be
31 exempt from taking such tests other than tests of
32 eyesight. The examination may also include such further
33 physical and mental examination as the department finds
34 necessary to determine the applicant's fitness to operate
35 a motor vehicle safely upon the highways. The commissioner
36 may establish by rules and regulations the type of tests
37 or demonstrations to be made by applicants for any class
38 of license."
39 SECTION 15.
40 Said title is further amended by adding a new Code Section
41 40-5-57.1 to read as follows:
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1 "40-5-57.1.
2 (a) Notwithstanding any other provision of this chapter,
3 the driver's license of any person under 21 years of age
4 convicted of hit and run or leaving the scene of an
5 accident in violation of Code Section 40-6-270, racing on
6 highways or streets, using a motor vehicle in fleeing or
7 attempting to elude an officer, reckless driving, any
8 offense for which four or more points are assessable under
9 subsection (c) of Code Section 40-5-57, purchasing an
10 alcoholic beverage in violation of paragraph (2) of
11 subsection (a) of Code Section 3-3-23, violation of
12 paragraph (3) or (5) of subsection (a) of Code Section
13 3-3-23, or violation of Code Section 40-6-391 shall be
14 revoked by the department as provided by this Code
15 section, and a driver's license revoked under this
16 subsection shall not be reinstated. A plea of nolo
17 contendere shall be considered a conviction for purposes
18 of this subsection. Notice of revocation shall be given
19 by certified mail, with return receipt requested; or, in
20 lieu thereof, notice may be given by personal service upon
21 such person. Such license shall be surrendered within ten
22 days of notification of such revocation. Notice given by
23 certified mail with return receipt requested mailed to the
24 person's last known address shall be prima-facie evidence
25 that such person received the required notice.
26 (b) A person whose driver's license has been revoked under
27 subsection (a) of this Code section shall:
28 (1) Except as otherwise provided by paragraph (2) of
29 this subsection:
30 (A) Upon a first such revocation, be eligible to apply
31 for and, subject to the examination requirements of
32 Code Section 40-5-27 and payment of required fees, be
33 issued a new driver's license six months from the date
34 on which the revoked license was surrendered to and
35 received by the department; and
36 (B) Upon a second or subsequent such revocation, be
37 eligible to apply for and, subject to the examination
38 requirements of Code Section 40-5-27 and payment of
39 required fees, be issued a new driver's license 12
40 months from the date on which the revoked license was
41 surrendered to and received by the department;
42 (2) If the driver's license was revoked upon conviction
43 for violation of Code Section 40-6-391 and the driver's
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1 alcohol concentration at the time of the offense was
2 0.08 grams or more, be eligible to apply for and,
3 subject to the examination requirements of Code Section
4 40-5-27 and payment of required fees, be issued a new
5 driver's license 12 months from the date on which the
6 revoked license was surrendered to and received by the
7 department.
8 (c) Any person whose driver's license is revoked under
9 subsection (a) of this Code section for violation of Code
10 Section 40-6-391 shall not be issued a new driver's
11 license without submitting proof of completion of a DUI
12 Alcohol or Drug Use Risk Reduction Program approved by the
13 Department of Human Resources and payment of a fee
14 equivalent to that required for restoration of a suspended
15 driver's license under paragraph (1) of subsection (a) of
16 Code Section 40-5-67.2.
17 (d) Any person whose driver's license is revoked under
18 subsection (a) of this Code section for commission of any
19 offense other than violation of Code Section 40-6-391
20 shall not be issued a new driver's license without
21 submitting proof of completion of a defensive driving
22 program approved by the Department of Public Safety and
23 payment of a fee equivalent to that required for
24 restoration of a suspended driver's license under
25 paragraph (1) of subsection (a) of Code Section 40-5-63."
26 SECTION 16.
27 Said title is further amended by striking paragraph (1) of
28 subsection (a) of Code Section 40-5-63, relating to periods
29 of suspension and conditions to return of license, and
30 inserting in lieu thereof a new paragraph (1) to read as
31 follows:
32 "(1) Upon the first conviction of any such offense, with
33 no arrest and conviction of and no plea of nolo
34 contendere accepted to such offense within the previous
35 five years, as measured from the dates of previous
36 arrests for which convictions were obtained to the date
37 of the current arrest for which a conviction is
38 obtained, the period of suspension shall be for 12
39 months. At the end of 120 days, the person may apply to
40 the Department of Public Safety for reinstatement of
41 said driver's license. Such license shall be reinstated
42 if such person submits proof of completion of a DUI
43 Alcohol or Drug Use Risk Reduction Program approved by
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1 the Department of Human Resources and pays a restoration
2 fee of $210.00 or $200.00 when such reinstatement is
3 processed by mail, provided that, if such license was
4 suspended as a result of a conviction of an offense
5 listed in Code Section 40-5-54, such license shall be
6 reinstated if such person submits proof of completion of
7 either a defensive driving program approved by the
8 Department of Public Safety or a DUI Alcohol or Drug Use
9 Risk Reduction Program approved by the Department of
10 Human Resources and pays the prescribed restoration fee.
11 A driver's license suspended as a result of a conviction
12 of a violation of Code Section 40-6-391 shall not become
13 valid and shall remain suspended until such person
14 submits proof of completion of a DUI Alcohol or Drug
15 Use Risk Reduction Program approved by the Department of
16 Human Resources and pays the prescribed restoration fee.
17 For purposes of this paragraph, an accepted plea of nolo
18 contendere to an offense listed in Code Section 40-5-54
19 by a person who is under 18 years of age at the time of
20 arrest shall constitute a conviction. For the purposes
21 of this paragraph only, an accepted plea of nolo
22 contendere by a person 18 21 years of age or older, with
23 no conviction of and no plea of nolo contendere accepted
24 to a charge of violating Code Section 40-6-391 within
25 the previous five years, as measured from the dates of
26 previous arrests for which convictions were obtained or
27 pleas of nolo contendere accepted to the date of the
28 current arrest for which a plea of nolo contendere is
29 accepted, shall not be considered a conviction; however,
30 and the court having jurisdiction shall forward, as
31 provided in Code Section 40-6-391.1, the record of such
32 disposition of the case to the Department of Public
33 Safety and the record of such disposition shall be kept
34 on file for the purpose of considering and counting such
35 accepted plea of nolo contendere as a conviction under
36 paragraphs (2) and (3) of this subsection;"
37 SECTION 17.
38 Said title is further amended by adding a new Code Section
39 40-5-63.1 to read as follows:
40 "40-5-63.1.
41 In addition to any and all other conditions of license
42 reinstatement, issuance, or restoration under Code Section
43 40-5-58, 40-5-62, or 40-5-63, any person with two or more
44 convictions of violation of Code Section 40-6-391 within
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1 five years, as measured from the dates of previous arrests
2 for which convictions were obtained to the date of the
3 current arrest for which a conviction is obtained, shall
4 be required to undergo a clinical evaluation and, if
5 indicated by such evaluation, must complete a substance
6 abuse treatment program, provided that such evaluation and
7 treatment shall be at such person's expense except as
8 otherwise provided by Code Section 37-7-120. Acceptable
9 proof of completion of such a program must be submitted to
10 the Department of Public Safety prior to license
11 reinstatement, issuance, or restoration. Any person who
12 is otherwise eligible for license reinstatement at the end
13 of 120 days under paragraph (2) of subsection (a) of Code
14 Section 40-5-63 and who has enrolled in but not completed
15 a substance abuse treatment program may, at the end of
16 such 120 day period, apply for a limited driving permit.
17 Proof of such enrollment must be submitted with the
18 application for a limited driving permit. For purposes of
19 this Code section, a plea of nolo contendere to a charge
20 of violating Code Section 40-6-391 and all prior accepted
21 pleas of nolo contendere within five years, as measured
22 from the dates of previous arrests for which convictions
23 were obtained or pleas of nolo contendere were accepted to
24 the date of the current arrest for which a plea of nolo
25 contendere is accepted, shall be considered and counted as
26 convictions."
27 SECTION 18.
28 Said title is further amended by striking Code Section
29 40-5-64, relating to limited driving permits for certain
30 offenders, and inserting in lieu thereof the following:
31 "40-5-64.
32 (a) To whom issued. Notwithstanding any contrary
33 provisions of Code Section 40-5-57 or 40-5-63 or any other
34 Code sections of this chapter, any person may apply for a
35 limited driving permit when and only when that person's
36 driver's license has been suspended in accordance with
37 paragraph (2) of subsection (a.1) of Code Section 40-5-22,
38 subsection (d) of Code Section 40-5-57, paragraph (1) of
39 subsection (a) of Code Section 40-5-63, or paragraph (1)
40 of subsection (a) of Code Section 40-5-67.2, provided that
41 such person has not had his or her driver's license
42 suspended under Code Section 40-5-68 or as otherwise
43 provided by Code Section 40-5-63.1.
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1 (b) Application form. Applications for limited driving
2 permits shall be made upon such forms as the commissioner
3 may prescribe. Such forms shall require such information
4 as is necessary for the department to determine the need
5 for such permit. All applications shall be signed by the
6 applicant before a person authorized to administer oaths.
7 (c) Standards for approval. The department shall issue a
8 limited driving permit if the application indicates that
9 refusal to issue such permit would cause extreme hardship
10 to the applicant. For Except as otherwise provided by
11 subsection (c.1) of this Code section, for the purposes
12 of this Code section, 'extreme hardship' means that the
13 applicant cannot reasonably obtain other transportation,
14 and therefore the applicant would be prohibited from:
15 (1) Going to his or her place of employment or
16 performing the normal duties of his or her occupation;
17 (2) Receiving scheduled medical care or obtaining
18 prescription drugs;
19 (3) Attending a college or school at which he or she is
20 regularly enrolled as a student;
21 (4) Attending regularly scheduled sessions or meetings
22 of support organizations for persons who have addiction
23 or abuse problems related to alcohol or other drugs,
24 which organizations are recognized by the commissioner;
25 or
26 (5) Attending under court order any driver education or
27 improvement school or alcohol or drug program or course
28 approved by the court which entered the judgment of
29 conviction resulting in suspension of his or her
30 driver's license or by the commissioner.
31 (c.1) Exception to standards for approval. The
32 provisions of paragraphs (2), (3), (4), and (5) of
33 subsection (c) of this Code section shall not apply and
34 shall not be considered for purposes of granting a limited
35 driving permit or imposing conditions thereon under this
36 Code section in the case of a driver's license suspension
37 under paragraph (2) of subsection (a.1) of Code Section
38 40-5-22.
39 (d) Conditions attached. A limited driving permit shall
40 be endorsed with such conditions as the commissioner deems
41 necessary to ensure that such permit will be used by the
42 permittee only to avoid the conditions of extreme
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1 hardship. Such conditions may include the following
2 restrictions:
3 (1) Specific places between which the permittee may be
4 allowed to operate a motor vehicle;
5 (2) Routes to be followed by the permittee;
6 (3) Times of travel;
7 (4) The specific vehicles which the permittee may
8 operate; and
9 (5) Such other restrictions as the department may
10 require.
11 (e) Duration of permit. A permit issued pursuant to
12 this Code section shall be $25.00 and shall be
13 nonrenewable and shall become invalid upon the driver's
14 eighteenth birthday in the case of a suspension under
15 paragraph (2) of subsection (a.1) of Code Section
16 40-5-22, upon the expiration of one year following the
17 effective date of suspension of the applicant's driver's
18 license in the case of a suspension for an offense
19 listed in Code Section 40-5-54 or a suspension under
20 Code Section 40-5-57, or upon the expiration of 120 days
21 following conviction in the case of a suspension for a
22 violation of Code Section 40-6-391, or upon the
23 expiration of 30 days in the case of an administrative
24 license suspension in accordance with paragraph (1) of
25 subsection (a) of Code Section 40-5-67.2, except that
26 such limited driving permit shall expire upon the
27 earlier reinstatement of the driver's license. A person
28 convicted of such offense whose driver's license had
29 been surrendered to the court in which such conviction
30 was adjudged may apply to the department for a limited
31 driving permit immediately following such conviction.
32 Upon the applicant's execution of an affidavit attesting
33 to such facts and to the fact that the court had not
34 imposed a suspension or revocation of his or her
35 driver's license or driving privileges inconsistent with
36 the driving privileges to be conferred by the limited
37 driving permit applied for, the department may issue
38 such person a limited driving permit. A person
39 convicted of such offense whose driver's license had not
40 been surrendered to such court immediately following
41 such conviction may apply to the department for a
42 permit. Upon the applicant's surrender to the
43 department of his or her driver's license and the
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1 execution of a similar affidavit, or if the driver's
2 license has been lost, upon execution of an additional
3 affidavit to that effect, the department may issue such
4 person a limited driving permit.
5 (f) Liability of issuing officer. No official or employee
6 of the department shall be criminally or civilly liable or
7 subject to being held in contempt of court for issuing a
8 limited driving permit in reliance on the truth of the
9 affidavits required by this Code section.
10 (g) Revocation of permit.
11 (1) Any permittee who is convicted of violating any
12 state law or local ordinance relating to the movement of
13 vehicles or any permittee who is convicted of violating
14 the conditions endorsed on his or her permit shall have
15 his or her permit revoked by the department. Any court
16 in which such conviction is had shall require the
17 permittee to surrender the permit to the court, and the
18 court shall forward it to the department within ten days
19 after the conviction, with a copy of the conviction.
20 (2) Any person whose limited driving permit has been
21 revoked shall not be eligible to apply for a driver's
22 license until six months from the date such permit was
23 surrendered to the department. The department may impose
24 an additional period of suspension for the conviction
25 upon which revocation of the permit was based.
26 (h) Hearings.
27 Any person whose permit has been revoked, or who has
28 been refused a permit by the department, may make a
29 request in writing for a hearing to be provided by the
30 department. Such hearing shall be provided by the
31 department within 30 days after the receipt of such
32 request and shall follow the procedures required by
33 Chapter 13 of Title 50, the 'Georgia Administrative
34 Procedure Act.' Appeal from such hearing shall be in
35 accordance with said chapter.
36 (i) Rules and regulations. The board may promulgate such
37 rules and regulations as are necessary to implement this
38 Code section.
39 (j) Penalty. Any permittee who operates a motor vehicle
40 in violation of any condition specified on the permit
41 shall be guilty of a misdemeanor."
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1 SECTION 19.
2 Said title is further amended by striking Code Section
3 40-5-67, relating to seizure and disposition of drivers'
4 licenses of persons charged with driving under the
5 influence, issuance of temporary driving permits, and
6 disposition of cases, and inserting in lieu thereof the
7 following:
8 "40-5-67.
9 (a) Whenever any resident or nonresident person is charged
10 with violating Code Section 40-6-391, the law enforcement
11 officer shall take the driver's license of the person so
12 charged. The driver's license shall be attached to the
13 court's copy of the uniform traffic citation and complaint
14 form and shall be forwarded to the court having
15 jurisdiction of the offense. A copy of the uniform
16 traffic citation and complaint form shall be forwarded,
17 within ten days of issue, to the Department of Public
18 Safety. Taking the driver's license as required in this
19 Code section shall not prohibit any law enforcement
20 officer or agency from requiring any cash bond authorized
21 by Article 1 of Chapter 6 of Title 17.
22 (b) At the time the law enforcement officer takes the
23 driver's license, the officer shall issue a temporary
24 driving permit to the person as follows:
25 (1) If the driver refuses to submit to a test or tests
26 to determine the presence of alcohol or drugs as
27 required in Code Section 40-5-55, the officer shall
28 issue a 30 day temporary driving permit;
29 (2) If the driver's license is required to be suspended
30 under Code Section 40-5-67.1, the officer shall issue a
31 30 day temporary driving permit; or
32 (3) If the test or tests administered pursuant to Code
33 Section 40-5-55 indicate a blood an alcohol
34 concentration in violation of Code Section 40-6-391 but
35 less than the level for an administrative suspension of
36 the license under subsection (c) of Code Section
37 40-5-67.1, the officer shall issue a 180 day temporary
38 driving permit.
39 This temporary driving permit shall be valid for the
40 stated period or until the person's driving privilege is
41 suspended or revoked under any provision of this title.
42 The Department of Public Safety, at its sole discretion,
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1 may delay the expiration date of the temporary driving
2 permit, but in no event shall this delay extend beyond the
3 date when such person's driving privilege is suspended or
4 revoked under any provision of this title. The department
5 shall by rules and regulations establish the conditions
6 under which the expiration of the temporary permit may be
7 delayed.
8 (c)(1) If the person is convicted of violating or enters
9 a plea of nolo contendere to a charge of violating Code
10 Section 40-6-391, the court shall, within ten days,
11 forward the person's driver's license and the record of
12 the disposition of the case to the Department of Public
13 Safety. At this time, the court shall also require the
14 person to surrender the temporary driving permit issued
15 pursuant to subsection (b) of this Code section.
16 (2) If the person is not convicted of violating and does
17 not enter a plea of nolo contendere to a charge of
18 violating Code Section 40-6-391, and the court is in
19 possession of the driver's license, the court shall
20 return the driver's license to the person unless the
21 license is in suspension for any other offense, in which
22 case the court shall forward the license to the
23 Department of Public Safety for disposition."
24 SECTION 20.
25 Said title is further amended by striking in their entirety
26 subsections (b), (b.1), (c), and (g) of Code Section
27 40-5-67.1, relating to the administration of chemical tests
28 to determine whether a person is driving under the influence
29 of alcohol or drugs, and inserting in lieu thereof new
30 subsections (b), (b.1), (c), and (g), respectively, to read
31 as follows:
32 "(b) At the time a chemical test or tests are requested,
33 the arresting officer shall select and read to the person
34 the appropriate implied consent warning from the
35 following:
36 (1) Implied consent notice for suspects under age 18 21:
37 'Georgia law requires you to submit to state
38 administered chemical tests of your blood, breath,
39 urine, or other bodily substances for the purpose of
40 determining if you are under the influence of alcohol
41 or drugs. If you refuse this testing, your Georgia
42 driver's license or privilege to drive on the highways
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1 of this state will be suspended for a minimum period
2 of one year or until age 18, whichever is longer.
3 Your refusal to submit to the required testing may be
4 offered into evidence against you at trial. If you
5 submit to testing and the results indicate an alcohol
6 concentration of 0.04 0.02 grams or more, your Georgia
7 driver's license or privilege to drive on the highways
8 of this state will be suspended for a minimum period
9 of one year or until age 18, whichever is longer and,
10 if you are convicted of having such an alcohol
11 concentration, will be revoked. After first
12 submitting to the required state tests, you are
13 entitled to additional chemical tests of your blood,
14 breath, urine, or other bodily substances at your own
15 expense and from qualified personnel of your own
16 choosing. Will you submit to the state administered
17 chemical tests of your (designate which tests) under
18 the implied consent law?'
19 (2) Implied consent notice for suspects age 18 21 or
20 over:
21 'Georgia law requires you to submit to state
22 administered chemical tests of your blood, breath,
23 urine, or other bodily substances for the purpose of
24 determining if you are under the influence of alcohol
25 or drugs. If you refuse this testing, your Georgia
26 driver's license or privilege to drive on the highways
27 of this state will be suspended for a minimum period
28 of one year. Your refusal to submit to the required
29 testing may be offered into evidence against you at
30 trial. If you submit to testing and the results
31 indicate an alcohol concentration of 0.10 grams or
32 more, your Georgia driver's license or privilege to
33 drive on the highways of this state may be suspended
34 for a minimum period of one year. After first
35 submitting to the required state tests, you are
36 entitled to additional chemical tests of your blood,
37 breath, urine, or other bodily substances at your own
38 expense and from qualified personnel of your own
39 choosing. Will you submit to the state administered
40 chemical tests of your (designate which tests) under
41 the implied consent law?'
42 (3) Implied consent notice for commercial motor vehicle
43 driver suspects:
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1 'Georgia law requires you to submit to state
2 administered chemical tests of your blood, breath,
3 urine, or other bodily substances for the purpose of
4 determining if you are under the influence of alcohol
5 or drugs. If you refuse this testing, you will be
6 disqualified from operating a commercial motor vehicle
7 for a minimum period of one year. Your refusal to
8 submit to the required testing may be offered into
9 evidence against you at trial. If you submit to
10 testing and the results indicate the presence of any
11 alcohol, you will be issued an out-of-service order
12 and will be prohibited from operating a motor vehicle
13 for 24 hours. If the results indicate an alcohol
14 concentration of 0.04 grams or more, you will be
15 disqualified from operating a commercial motor vehicle
16 for a minimum period of one year. After first
17 submitting to the required state tests, you are
18 entitled to additional chemical tests of your blood,
19 breath, urine, or other bodily substances at your own
20 expense and from qualified personnel of your own
21 choosing. Will you submit to the state administered
22 chemical tests of your (designate which tests) under
23 the implied consent law?'
24 If any such notice is used by a law enforcement officer to
25 advise a person of his or her rights regarding the
26 administration of chemical testing, such person shall be
27 deemed to have been properly advised of his or her rights
28 under this Code section and under Code Section 40-6-392
29 and the results of any chemical test, or the refusal to
30 submit to a test, shall be admitted into evidence against
31 such person.
32 (b.1) Subsection (b) of this Code section shall apply to
33 any case wherein the request for chemical testing is made
34 regarding an offense committed on or after April 21, 1995
35 July 1, 1997. Subsection (b) of this Code section shall
36 not apply to any case wherein the request for chemical
37 testing was made regarding an offense committed prior to
38 April 21, 1995 July 1, 1997, in which case those
39 provisions of former Code Sections 40-5-67.1 and 40-6-392
40 governing the content of the notice required to be given
41 by the officer to the person regarding administration of
42 chemical testing and governing the admissibility of
43 evidence of results of chemical testing or refusal to
44 submit to chemical testing which were in effect at the
45 time the offense was committed shall apply.
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1 (c) If a person under arrest or a person who was involved
2 in any traffic accident resulting in serious injuries or
3 fatalities submits to a chemical test upon the request of
4 a law enforcement officer and the test results indicate
5 that a suspension or disqualification is required under
6 this Code section, the results shall be reported to the
7 department. Upon the receipt of a sworn report of the law
8 enforcement officer that the officer had reasonable
9 grounds to believe the arrested person had been driving or
10 was in actual physical control of a moving motor vehicle
11 upon the highway or elsewhere throughout this state in
12 violation of Code Section 40-6-391 or that such person had
13 been driving or was in actual physical control of a moving
14 motor vehicle upon the highways or elsewhere throughout
15 this state and was involved in a traffic accident
16 involving serious injuries or fatalities and that the
17 person submitted to a chemical test at the request of the
18 law enforcement officer and the test results indicate
19 either a blood an alcohol concentration of 0.10 grams or
20 more or, for a person under the age of 18 21, a blood an
21 alcohol concentration of 0.04 0.02 grams or more, the
22 department shall suspend the person's driver's license,
23 permit, or nonresident operating privilege pursuant to
24 Code Section 40-5-67.2, subject to review as provided for
25 in this chapter. Upon the receipt of a sworn report of
26 the law enforcement officer that the arrested person had
27 been operating or was in actual physical control of a
28 moving commercial motor vehicle and the test results
29 indicate a blood an alcohol concentration of 0.04 grams or
30 more, the department shall disqualify the person from
31 operating a motor vehicle for a minimum period of one
32 year."
33 "(g)(1) A person whose driver's license is suspended or
34 who is disqualified from operating a commercial motor
35 vehicle pursuant to this Code section shall request, in
36 writing, a hearing within ten business days from the
37 date of personal notice or receipt of notice sent by
38 certified mail, return receipt requested, or the right
39 to said hearing shall be deemed waived. Within 30 days
40 after receiving a written request for a hearing, the
41 department shall hold a hearing as is provided in
42 Chapter 13 of Title 50, the 'Georgia Administrative
43 Procedure Act.' The hearing shall be recorded.
44 (2) The scope of the hearing shall be limited to the
45 following issues:
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1 (A) Whether the law enforcement officer had reasonable
2 grounds to believe the person was driving or in actual
3 physical control of a moving motor vehicle while under
4 the influence of alcohol or a controlled substance and
5 was lawfully placed under arrest for violating Code
6 Section 40-6-391; or
7 (B) Whether the person was involved in a motor vehicle
8 accident or collision resulting in serious injury or
9 fatality; and
10 (C) Whether at the time of the request for the test or
11 tests the officer informed the person of the person's
12 implied consent rights and the consequence of
13 submitting or refusing to submit to such test; and
14 (D) Whether the person refused the test; or
15 (E) Whether a test or tests was were administered and
16 the results indicated a blood an alcohol concentration
17 of 0.10 grams or more or, for a person under the age
18 of 18 21, a blood an alcohol concentration of 0.04
19 0.02 grams or more or, for a person operating or
20 having actual physical control of a commercial motor
21 vehicle, a blood an alcohol concentration of 0.04
22 grams or more; and
23 (F) Whether the test or tests were properly
24 administered by an individual possessing a valid
25 permit issued by the Division of Forensic Sciences of
26 the Georgia Bureau of Investigation on an instrument
27 approved by the Division of Forensic Sciences or a
28 test conducted by the Division of Forensic Sciences,
29 including whether the machine at the time of the test
30 was operated with all its electronic and operating
31 components prescribed by its manufacturer properly
32 attached and in good working order, which shall be
33 required. A copy of the operator's permit showing
34 that the operator has been trained on the particular
35 type of instrument used and one of the original copies
36 of the test results or, where the test is performed by
37 the Division of Forensic Sciences, a copy of the crime
38 lab report shall satisfy the requirements of this
39 subparagraph.
40 (3) The hearing officer shall, within five calendar days
41 after such hearing, forward a decision to the department
42 to rescind or sustain the driver's license suspension or
43 disqualification. If no hearing is requested within the
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1 ten business days specified above, and the failure to
2 request such hearing is due in whole or in part to the
3 reasonably avoidable fault of the person, the right to a
4 hearing shall have been waived. The request for a
5 hearing shall not stay the suspension of the driver's
6 license; provided, however, that if the hearing is
7 timely requested and is not held before the expiration
8 of the temporary permit and the delay is not due in
9 whole or in part to the reasonably avoidable fault of
10 the person, the suspension shall be stayed until such
11 time as the hearing is held and the hearing officer's
12 decision is made.
13 (4) In the event the person is acquitted of a violation
14 of Code Section 40-6-391 or such charge is initially
15 disposed of other than by a conviction or plea of nolo
16 contendere, then the suspension shall be terminated and
17 deleted from the driver's license record. In the event
18 that a plea of nolo contendere is accepted to a charge
19 of violating Code Section 40-6-391, then the suspension
20 shall be terminated, provided that the An accepted plea
21 of nolo contendere shall be entered on the driver's
22 license record and shall be considered and counted as a
23 conviction for purposes of any future violations of Code
24 Section 40-6-391. In the event of an acquittal, accepted
25 plea of nolo contendere, or other disposition other than
26 by a conviction or plea of nolo contendere, the driver's
27 license restoration fee shall be promptly returned by
28 the Department of Public Safety to the licensee."
29 SECTION 21.
30 Said title is further amended by striking Code Section
31 40-5-68, relating to suspension of licenses by operation of
32 law for failure to complete alcohol or drug course following
33 an accepted plea of nolo contendere, and inserting in lieu
34 thereof the following:
35 "40-5-68.
36 (a) The driver's license of any person whose plea of nolo
37 contendere to a charge of violating Code Section 40-6-391
38 was accepted as provided in Code Section 40-6-391.1 but
39 who fails to complete a DUI Alcohol or Drug Use Risk
40 Reduction Program approved by the Department of Human
41 Resources by the date specified in the court's order
42 issued pursuant to Code Section 40-6-391.1 shall by
43 operation of law be suspended on such date. Such license
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1 shall be suspended for a period of one year from such
2 date. At any time after suspension begins, the person may
3 apply to the Department of Public Safety for reinstatement
4 of his driver's license. Such license shall be reinstated
5 only if the person submits proof of completion of a DUI
6 Alcohol or Drug Use Risk Reduction Program approved by the
7 Department of Human Resources and pays a restoration fee
8 of $210.00 or $200.00 when processed by mail. (b) Any person whose driver's license has been suspended
10 by operation of law as provided in subsection (a) of this
11 Code section shall immediately return such license to the
12 department. It shall be unlawful for any person to
13 operate any motor vehicle in this state after such
14 person's driver's license has been suspended under this
15 Code section, if such person has not thereafter obtained a
16 valid driver's license Reserved."
17 SECTION 22.
18 Said title is further amended by striking Code Section
19 40-5-69, relating to circumstances not affecting suspension
20 by operation of law, and inserting in lieu thereof the
21 following:
22 "40-5-69.
23 If a person's driver's license is suspended by operation
24 of law as provided in Code Section 40-5-63, 40-5-67.1, or
25 40-5-67.2, or 40-5-68, the fact that the person's driver's
26 license was not physically surrendered to the law
27 enforcement officer at the time the person was charged
28 with violating Code Section 40-6-391 or that the person's
29 driver's license was not retained by the court and
30 forwarded to the Department of Public Safety as provided
31 in Code Section 40-5-67 or that the person's driver's
32 license was not forwarded as provided in Code Section
33 40-5-72 shall not affect such suspension."
34 SECTION 23.
35 Said title is further amended by striking in its entirety
36 Code Section 40-6-391, relating to driving under the
37 influence of alcohol or drugs, and inserting in lieu thereof
38 the following:
39 "40-6-391.
40 (a) A person shall not drive or be in actual physical
41 control of any moving vehicle while:
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1 (1) Under the influence of alcohol to the extent that it
2 is less safe for the person to drive;
3 (2) Under the influence of any drug to the extent that
4 it is less safe for the person to drive;
5 (3) Under the intentional influence of any glue,
6 aerosol, or other toxic vapor to the extent that it is
7 less safe for the person to drive;
8 (4) Under the combined influence of any two or more of
9 the substances specified in paragraphs (1) through (3)
10 of this subsection to the extent that it is less safe
11 for the person to drive;
12 (5) The person's alcohol concentration is 0.10 grams or
13 more at any time within three hours after such driving
14 or being in actual physical control from alcohol
15 consumed before such driving or being in actual physical
16 control ended; or
17 (6) Subject to the provisions of subsection (b) of this
18 Code section, there is any amount of marijuana or a
19 controlled substance, as defined in Code Section
20 16-13-21, present in the person's blood or urine, or
21 both, including the metabolites and derivatives of each
22 or both without regard to whether or not any alcohol is
23 present in the person's breath or blood.
24 (b) The fact that any person charged with violating this
25 Code section is or has been legally entitled to use a drug
26 shall not constitute a defense against any charge of
27 violating this Code section; provided, however, that such
28 person shall not be in violation of this Code section
29 unless such person is rendered incapable of driving safely
30 as a result of using a drug other than alcohol which such
31 person is legally entitled to use.
32 (c) Every person convicted of violating this Code section
33 shall, upon a first or second conviction thereof, be
34 guilty of a misdemeanor and, upon a third or subsequent
35 conviction thereof, be guilty of a high and aggravated
36 misdemeanor and shall be punished as follows:
37 (1) First conviction with no conviction of and no plea
38 of nolo contendere accepted to a charge of violating
39 this Code section within the previous five years, as
40 measured from the dates of previous arrests for which
41 convictions were obtained or pleas of nolo contendere
42 were accepted to the date of the current arrest for
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1 which a conviction is obtained or a plea of nolo
2 contendere is accepted:
3 (A) A fine of not less than $300.00 nor more than
4 $1,000.00, which fine shall not, except as provided in
5 subsection (g) of this Code section, be subject to
6 suspension, stay, or probation;
7 (B) A period of imprisonment of not less than ten days
8 nor more than 12 months, which period of imprisonment
9 may, at the sole discretion of the judge, be
10 suspended, stayed, or probated, except that if the
11 offender's alcohol concentration at the time of the
12 offense was 0.08 grams or more, the judge may suspend,
13 stay, or probate all but 24 hours of any term of
14 imprisonment imposed under this subparagraph; and
15 (C) Not less than 40 hours of community service,
16 except that for a conviction for violation of
17 subsection (k) of this Code section where the person's
18 alcohol concentration at the time of the offense was
19 less than 0.08 grams, the period of community service
20 shall be not less than 20 hours;
21 (2) For the second conviction within a five-year period
22 of time, as measured from the dates of previous arrests
23 for which convictions were obtained or pleas of nolo
24 contendere were accepted to the date of the current
25 arrest for which a conviction is obtained or a plea of
26 nolo contendere is accepted:
27 (A) A fine of not less than $600.00 nor more than
28 $1,000.00, which fine shall not, except as provided in
29 subsection (g) of this Code section, be subject to
30 suspension, stay, or probation;
31 (B) A period of imprisonment of not less than 90 days
32 nor more than 12 months. At the sole discretion and
33 under such terms and conditions as the judge shall
34 impose, the judge may suspend, stay, or probate all
35 but 48 hours of any term of imprisonment imposed under
36 this paragraph subparagraph; and
37 (C) Not less than 80 hours of community service,
38 except that for a second conviction for violation of
39 subsection (k) of this Code section where the person's
40 alcohol concentration at the time of the offense was
41 less than 0.08 grams, the period of community service
42 shall be not less than 40 hours; or
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1 (3) For the third or subsequent conviction within a
2 five-year period of time, as measured from the dates of
3 previous arrests for which convictions were obtained or
4 pleas of nolo contendere were accepted to the date of
5 the current arrest for which a conviction is obtained or
6 a plea of nolo contendere is accepted:
7 (A) A fine of not less than $1,000.00 and not more
8 than $5,000.00, which fine shall not, except as
9 provided in subsection (g) of this Code section, be
10 subject to suspension, stay, or probation;
11 (B) A mandatory period of imprisonment of not less
12 than 120 days nor more than 12 months. At the sole
13 discretion and under such terms and conditions as the
14 judge shall impose, the judge may suspend, stay, or
15 probate all but ten days of any term of imprisonment
16 imposed under this paragraph subparagraph; and
17 (C) Not less than 20 days of community service, except
18 that for a third or subsequent conviction for
19 violation of subsection (k) of this Code section where
20 the person's alcohol concentration at the time of the
21 offense was less than 0.08 grams, the period of
22 community service shall be not less than 40 hours.
23 For the purpose of imposing a sentence under this
24 subsection, a plea of nolo contendere shall constitute a
25 conviction.
26 (d)(1) Notwithstanding the limits set forth in any
27 municipal charter, any municipal court of any
28 municipality shall be authorized to impose the
29 punishments provided for in this Code section upon a
30 conviction of violating this Code section or upon
31 conviction of violating any ordinance adopting the
32 provisions of this Code section.
33 (2) Notwithstanding any provision of this Code section
34 to the contrary, any court authorized to hear cases
35 involving violations of this Code section shall be
36 authorized to exercise the power to probate, suspend, or
37 stay any sentence imposed. Such power shall, however,
38 be limited to the conditions and limitations imposed by
39 subsection (c) of this Code section.
40 (e) The foregoing limitations on punishment also shall
41 apply when a defendant has been convicted of violating, by
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1 a single transaction, more than one of the four provisions
2 of subsection (a) of this Code section.
3 (f) The provisions of Code Section 17-10-3, relating to
4 general punishment for misdemeanors including traffic
5 offenses, and the provisions of Article 3 of Chapter 8 of
6 Title 42, relating to probation of first offenders, shall
7 not apply to any person convicted of violating any
8 provision of this Code section.
9 (g)(1) If the payment of the fine required under
10 subsection (c) of this Code section will impose an
11 economic hardship on the defendant, the judge, at his or
12 her sole discretion, may order the defendant to pay such
13 fine in installments and such order may be enforced
14 through a contempt proceeding or a revocation of any
15 probation otherwise authorized by this Code section.
16 (2) In the sole discretion of the judge, he or she may
17 suspend up to one-half of the fine imposed under
18 paragraph (3) of subsection (c) of this Code section for
19 a third or subsequent conviction conditioned upon the
20 defendant's undergoing an alcohol or drug treatment
21 program approved by the court.
22 (h) For purposes of determining under this chapter prior
23 convictions of or pleas of nolo contendere to violating
24 this Code section, in addition to the offense prohibited
25 by this Code section, a conviction of or plea of nolo
26 contendere to any of the following offenses shall be
27 deemed to be a violation of this Code section:
28 (1) Any federal law substantially conforming to or
29 parallel with the offense covered under this Code
30 section;
31 (2) Any local ordinance adopted pursuant to Article 14
32 of this chapter, which ordinance adopts the provisions
33 of this Code section; or
34 (3) Any previously or currently existing law of this or
35 any other state, which law was or is substantially
36 conforming to or parallel with this Code section.
37 (i) A person shall not drive or be in actual physical
38 control of any moving commercial motor vehicle while there
39 is 0.04 percent or more by weight of alcohol in such
40 person's blood, breath, or urine. Every person convicted
41 of violating this subsection shall be guilty of a
42 misdemeanor and, in addition to any disqualification
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1 resulting under Article 7 of Chapter 5 of this title, the
2 'Uniform Commercial Driver's License Act,' shall be fined
3 as provided in subsection (c) of this Code section.
4 (j)(1) The clerk of the court in which a person is
5 convicted a third time under subsection (c) of this Code
6 section shall cause to be published a notice of
7 conviction for each such person convicted. Such notices
8 of conviction shall be published in the manner of legal
9 notices in the legal organ of the county in which such
10 person resides or, in the case of nonresidents, in the
11 legal organ of the county in which the person was
12 convicted. Such notice of conviction shall be one column
13 wide by two inches long and shall contain the photograph
14 taken by the arresting law enforcement agency at the
15 time of arrest, name, and address of the convicted
16 person and the date, time, place of arrest, and
17 disposition of the case and shall be published once in
18 the legal organ of the appropriate county in the second
19 week following such conviction or as soon thereafter as
20 publication may be made.
21 (2) The convicted person for which a notice of
22 conviction is published pursuant to this subsection
23 shall be assessed $25.00 for the cost of publication of
24 such notice and such assessment shall be imposed at the
25 time of conviction in addition to any other fine imposed
26 pursuant to this Code section.
27 (3) The clerk of the court, the publisher of any legal
28 organ which publishes a notice of conviction, and any
29 other person involved in the publication of an erroneous
30 notice of conviction shall be immune from civil or
31 criminal liability for such erroneous publication,
32 provided such publication was made in good faith.
33 (k)(1) A person under the age of 18 21 shall not drive
34 or be in actual physical control of any moving vehicle
35 while the person's alcohol concentration is 0.04 0.02
36 grams or more at any time within three hours after such
37 driving or being in physical control from alcohol
38 consumed before such driving or being in actual physical
39 control ended.
40 (2) Every person convicted of violating this subsection
41 shall be guilty of a misdemeanor for the first and
42 second convictions and upon a third or subsequent
43 conviction thereof be guilty of a high and aggravated
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1 misdemeanor and shall be punished and fined as provided
2 in subsection (c) of this Code section, provided that
3 any term of imprisonment served shall be subject to the
4 provisions of Code Section 17-10-3.1, and any period of
5 community service imposed on such person shall be
6 required to be completed within 60 days of the date of
7 sentencing.
8 (3) No plea of nolo contendere shall be accepted for any
9 person under the age of 18 21 charged with a violation
10 of this Code section.
11 (4) The driver's license of any person convicted of
12 violating this subsection shall be revoked as provided
13 by Code Section 40-5-57.1.
14 (l) A person who violates this Code section while
15 transporting in a motor vehicle a child under the age of
16 14 years is guilty of the separate offense of endangering
17 a child by driving under the influence of alcohol or
18 drugs. The offense of endangering a child by driving
19 under the influence of alcohol or drugs shall not be
20 merged with the offense of driving under the influence of
21 alcohol or drugs for the purposes of prosecution and
22 sentencing. An offender who is convicted of a violation
23 of this subsection shall be punished in accordance with
24 the provisions of subsection (d) of Code Section 16-12-1,
25 relating to the offense of contributing to the
26 delinquency, unruliness, or deprivation of a child."
27 SECTION 24.
28 Said title is further amended by striking Code Section
29 40-6-391.1, relating to entry of plea of nolo contendere and
30 order to attend alcohol and drug course, and inserting in
31 lieu thereof the following:
32 "40-6-391.1.
33 (a) The decision to accept a plea of nolo contendere to a
34 charge of violating Code Section 40-6-391 shall be at the
35 sole discretion of the judge but, if such plea is
36 accepted, the penalties provided for in subsection (c) of
37 Code Section 40-6-391 shall be imposed; provided, however,
38 that no such plea of nolo contendere shall be accepted if
39 the person charged with violating Code Section 40-6-391
40 had an alcohol concentration of more than 0.15 at any time
41 within three hours after driving or being in control of
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1 any moving vehicle from alcohol consumed before such
2 driving or being in control ended.
3 (b) If the defendant has not been convicted of or had a
4 plea of nolo contendere accepted to a charge of violating
5 Code Section 40-6-391 within the previous five years and
6 if the plea of nolo contendere shall be used as provided
7 in paragraph (1) of subsection (a) of Code Section
8 40-5-63, no such plea shall be accepted unless, at a
9 minimum, the following conditions are met:
10 (1) The defendant has filed a verified petition with the
11 court requesting that such plea be accepted and setting
12 forth the facts and special circumstances necessary to
13 enable the judge to determine that accepting such plea
14 is in the best interest of justice; and
15 (2) The judge has reviewed the defendant's driving
16 records that are on file with the Department of Public
17 Safety.
18 (c) The judge, as part of the record of the disposition of
19 the charge, shall set forth, under seal of the court, his
20 reasons for accepting the plea of nolo contendere.
21 (d) If a plea of nolo contendere is accepted as provided
22 in subsection (b) of this Code section, the judge shall,
23 as a part of the disposition of the case, order the
24 defendant to attend and complete a DUI Alcohol or Drug Use
25 Risk Reduction Program approved by the Department of Human
26 Resources. The order shall stipulate that the defendant
27 shall complete such program within 120 days and that the
28 defendant shall submit satisfactory evidence of such
29 completion to the Department of Public Safety and the
30 court. The court shall also require the surrender of the
31 driver's license and shall retain such license until
32 submission of proof of completion of an approved DUI
33 Alcohol or Drug Use Risk Reduction Program. The court
34 shall, at the time of surrender of the driver's license to
35 it, issue a temporary driving permit which shall expire
36 not more than 120 days from its issuance. The defendant's
37 driver's license shall be returned by the court
38 immediately upon submission of proof of completion of an
39 approved DUI Alcohol or Drug Use Risk Reduction Program.
40 The judge shall also notify the defendant that, if he or
41 she fails to complete such program by the date specified
42 in the court's order, the 120 day driving permit shall be
43 invalid and his or her driver's license shall be
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1 suspended, by operation of law, as provided in Code
2 Section 40-5-68 and shall remain suspended until the
3 defendant completes such program.
4 (e) The record of the disposition of the case, including
5 the ruling required in subsection (c) of this Code
6 section, shall be forwarded to the Department of Public
7 Safety within ten days after disposition.
8 (f)(e) If a plea of nolo contendere is accepted under the
9 conditions set forth in subsection (b) of this Code
10 section and the defendant's driver's license has not been
11 suspended under any other provision of this Code and if
12 the defendant has not been convicted of or has not had a
13 plea of nolo contendere accepted to a charge of violating
14 Code Section 40-6-391 within the previous five years, the
15 court shall, subject to subsection (d) of this Code
16 section, return the driver's license to the person;
17 otherwise, such, the defendant's driver's license shall be
18 forwarded to the Department of Public Safety as provided
19 in subsection (b) (c) of this Code section Section
20 40-5-67."
21 SECTION 25.
22 Said title is further amended by striking in its entirety
23 paragraph (2) of subsection (c) of Code Section 40-6-392,
24 relating to chemical tests for the presence of alcohol and
25 drugs in blood, and inserting in lieu thereof the following:
26 "(2) In any civil or criminal action or proceeding
27 arising out of acts alleged to have been committed by
28 any person in violation of subsection (k) of Code
29 Section 40-6-391, if there was at that time or within
30 three hours after driving or being in actual physical
31 control of a moving vehicle from alcohol consumed before
32 such driving or being in actual physical control ended
33 an alcohol concentration of 0.06 0.02 grams or more in
34 the person's blood, breath, or urine, the person shall
35 be in violation of subsection (k) of Code Section
36 40-6-391."
37 SECTION 26.
38 Article 7 of Chapter 8 of Title 42 of the Official Code of
39 Georgia Annotated, relating to the use of ignition interlock
40 devices as a condition of probation, is amended by striking
41 Code Section 42-8-110, relating to definitions,
42 applicability, and purchase or lease of ignition interlock
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1 devices by counties and municipalities, and inserting in
2 lieu thereof the following:
3 "42-8-110.
4 (a) As used in this article, the term 'ignition interlock
5 device' means a constant monitoring device certified by
6 the commissioner of public safety which prevents a motor
7 vehicle from being started at any time without first
8 determining the equivalent blood alcohol concentration of
9 the operator through the taking of a deep lung breath
10 sample. The system shall be calibrated so that the motor
11 vehicle may not be started if the blood alcohol
12 concentration of the operator, as measured by the device,
13 exceeds 0.02 grams or if the sample is not a sample of
14 human breath.
15 (b) As used in this article, the term 'provider center'
16 means a facility established by a county or municipality
17 for the purpose of providing and installing ignition
18 interlock devices when their use is required by or as a
19 result of an order of a court of that county or
20 municipality.
21 (c) This article shall not apply with respect to a court
22 in general if the county or municipality served by the
23 court has not established a provider center. This article
24 shall not apply in any particular case if the relevant
25 provider center does not have available a functioning
26 certified ignition interlock device available for use in
27 that particular case. (d) Ignition interlock devices for provider centers shall
29 be purchased or leased by counties, and municipalities, or
30 private entities pursuant to competitive bidding
31 procedures established by the rules and regulations of the
32 Department of Public Safety.
33 (e)(d) A provider center may charge the person whose
34 vehicle is to be equipped with an ignition interlock
35 device installation and deinstallation fees and rental
36 fees reasonably calculated to compensate the county or
37 municipality for the total direct and indirect costs of
38 operating the provider center. A provider center shall be
39 authorized to charge the person whose vehicle is to be
40 equipped with an ignition interlock device such
41 installation, deinstallation, and user fees as are
42 approved by the Department of Public Safety. A provider
43 center may also require such person to make a security
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1 deposit for the safe return of the ignition interlock
2 device. Payment of any or all of such fees and deposits
3 may be made a condition of probation under this order."
4 SECTION 27.
5 (a) Except as otherwise provided in subsection (b) of this
6 section, this Act shall become effective on July 1, 1997,
7 and shall apply to offenses committed on or after that date
8 and, except for subsection (b.1) of Code Section 40-5-67.1
9 as enacted by this Act, this Act shall not apply to offenses
10 committed prior to that date.
11 (b) Subsection (a.1) of Code Section 40-5-22 as enacted by
12 this Act and Section 18 of this Act shall become effective
13 on January 1, 1998.
14 SECTION 28.
15 All laws and parts of laws in conflict with this Act are
16 repealed.
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