40-5-67.2
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40-5-67.2.
(a)
Any
driveŕs
license required to be suspended under subsection (c) of Code Section 40-5-67.1
shall be suspended subject to the following terms and conditions:
(1)
Upon the first suspension pursuant to subsection (c) of Code Section 40-5-67.1
within the previous five years, as measured from the dates of previous arrests
for which a suspension was obtained to the date of the current arrest for which
a suspension is obtained, the period of suspension shall be for one year. Not
sooner than 30 days following the effective date of suspension, the person may
apply to the department for reinstatement of his or her
driveŕs
license. Such license shall be reinstated if such person submits proof of
completion of a DUI Alcohol or Drug Use Risk Reduction Program and pays a
restoration fee of $210 or $200 when such reinstatement is processed by mail
unless such conviction was a recidivist conviction in which case the restoration
fee shall be $510.00 or $500.00 when processed by mail. A
driveŕs
license suspended pursuant to Code Section 40-5-67.1 shall not become valid and
shall remain suspended until such person submits proof of completion of a DUI
Alcohol or Drug Use Risk Reduction Program and pays the prescribed restoration
fee.
(2)
Upon the second suspension pursuant to subsection (c) of Code Section 40-5-67.1
within five years, as measured from the dates of previous arrests for which
suspensions were obtained to the date of the current arrest for which a
suspension is obtained, the period of suspension shall be for three years. The
person shall be eligible to apply to the department for license reinstatement
not sooner than 18 months following the effective date of suspension. Such
license shall be reinstated if such person submits proof of completion of a DUI
Alcohol or Drug Use Risk Reduction Program and pays a restoration fee of $210 or
$200 when such reinstatement is processed by mail unless such conviction was a
recidivist conviction in which case the restoration fee shall be $510.00 or
$500.00 when processed by mail. A
driveŕs
license suspended pursuant to Code Section 40-5-67.1 shall not become valid and
shall remain suspended until such person submits proof of completion of a DUI
Alcohol or Drug Use Risk Reduction Program and pays the prescribed restoration
fee.
(3)
Upon the third or subsequent suspension pursuant to subsection (c) of Code
Section 40-5-67.1 within five years, as measured from the dates of previous
arrests for which suspensions were obtained to the date of the current arrest
for which a suspension is obtained, the period of suspension shall be for five
years. A
driveŕs
license suspended pursuant to Code Section 40-5-67.1 shall not become valid and
shall remain suspended until such person submits proof of completion of a DUI
Alcohol or Drug Use Risk Reduction Program and pays the prescribed restoration
fee. The driver may apply for a probationary license pursuant to Code Section
40-5-58 after the expiration of two years from the effective date of suspension.
(b)
An administrative license suspension pursuant to Code Section 40-5-67.1 shall be
counted toward fulfillment of any period of suspension subsequently imposed as a
result of a conviction of violating Code Section 40-6-391 which arises out of
the same violation for which the administrative license suspension was imposed.
An administrative license suspension pursuant to Code Section 40-5-67.1 shall
run concurrently with any revocation of such
driveŕs
license pursuant to a subsequent determination that such person is a habitual
violator.
(c)
In all cases in which the department may return a license to a driver prior to
the termination of the full period of suspension, the department may require
such tests of driving skill and knowledge as it determines to be proper, and the
department́s
discretion shall be guided by the
driveŕs
past driving record and performance, and the driver shall pay a restoration fee
of $210.00 or $200.00 when processed by mail.
(d)
Any other provision of law to the contrary notwithstanding, a driver with no
previous conviction for a violation of Code Section 40-6-391 within the previous
five years, as measured from the dates of previous arrests for which convictions
were obtained to the date of the current arrest, during the period of
administrative suspension contemplated under this chapter, shall be entitled to
a limited driving permit as provided in Code Section 40-5-64.