2020 Georgia Code
Title 40 - Motor Vehicles and Traffic
Chapter 5 - Drivers' Licenses
Article 3A - Suspension of License for Being in Control of a Moving Vehicle Under the Influence of a Controlled Substance or Marijuana
§ 40-5-76. Court Ordered Reinstatement or Suspension of License or Issuance of Limited Driving Permit or Ignition Interlock Device Limited Driving Permit; Time Credited Toward Fulfillment of Period of License Suspension

Universal Citation: GA Code § 40-5-76 (2020)
    1. A judge presiding in a drug court division, mental health court division, veterans court division, or operating under the influence court division, as a reward or sanction to the defendant's behavior in such court division, may order the department to:
      1. Reinstate a defendant's Georgia driver's license that has been or should be suspended under the laws of this state;
      2. Issue to a defendant a limited driving permit using the guidance set forth in subsections (c), (c.1), and (d) of Code Section 40-5-64 or with whatever conditions the court determines to be appropriate under the circumstances;
      3. Issue to a defendant an ignition interlock device limited driving permit using the guidance set forth in subsections (c) and (e) of Code Section 40-5-64.1 or with whatever conditions the court determines to be appropriate under the circumstances; or
      4. Suspend or revoke such license, limited driving permit, or ignition interlock device limited driving permit.
    2. The court shall require the defendant to pay to the department the fee normally required for the reinstatement of such driver's license or issuance of such limited driving permit or ignition interlock device limited driving permit or waive such fee.
    3. The court may order the department to issue to a defendant a limited driving permit or ignition interlock device limited driving permit pursuant to this subsection for a one-year period, and may allow such permit to be renewed for a one-year period, and shall provide the department with such order.
  1. If the offense for which the defendant was convicted did not directly relate to the operation of a motor vehicle, a judge presiding in any court, other than the court divisions specified in subsection (a) of this Code section, may order the department to reinstate a defendant's driver's license that has been or should be suspended, issue to a defendant a limited driving permit using the guidance set forth in subsections (c), (c.1), and (d) of Code Section 40-5-64, or issue to a defendant an ignition interlock device limited driving permit using the guidance set forth in subsections (c) and (e) of Code Section 40-5-64.1. The court shall require the defendant to pay to the department the fee normally required for the reinstatement of such driver's license or issuance of such limited driving permit or ignition interlock device limited driving permit or waive such fee. Such judge may also order the department to suspend a defendant's driver's license, limited driving permit, or ignition interlock device limited driving permit as a consequence of the defendant's violation of the terms of his or her probation.
    1. The department shall make a notation on a person's driving record when his or her driver's license was reinstated or suspended or he or she was issued a limited driving permit or ignition interlock device limited driving permit under this Code section, and such information shall be made available in accordance with Code Section 40-5-2.
    2. The driver's license of any person who has a driver's license reinstated or suspended in accordance with this Code section shall remain subject to any applicable disqualifications specified in Article 7 of this chapter.
  2. The department shall credit any time during which a defendant was issued a limited driving permit or ignition interlock device limited driving permit under subsection (a) of this Code section toward the fulfillment of the period of a driver's license suspension for which such permit was issued.

(Code 1981, §40-5-76, enacted by Ga. L. 2013, p. 222, § 16/HB 349; Ga. L. 2014, p. 34, § 1-5/SB 365; Ga. L. 2014, p. 79, § 4/SB 320; Ga. L. 2016, p. 323, § 2-6/HB 205; Ga. L. 2016, p. 443, § 4-8/SB 367; Ga. L. 2018, p. 550, § 2-10/SB 407.)

The 2016 amendments. The first 2016 amendment, effective July 1, 2017, in subsection (a), in the first sentence, substituted "presiding in an accountability court, as such term is defined in Code Section 15-1-18, may order the department to reinstate" for "presiding in a drug court division, mental health court division, or veterans court division may order the department to restore" near the beginning, and inserted "issue a defendant an ignition interlock device limited driving permit in accordance with Code Section 40-5-64.1," in the middle. The second 2016 amendment, effective July 1, 2016, near the beginning of subsection (a), substituted "veterans court division, or operating under the influence court division may order the department to reinstate" for "or veterans court division may order the department to restore" and near the middle substituted "or ignition interlock device limited driving permit in accordance with the provisions set forth in subsections (c), (c.1), and (d)" for "in accordance with the provisions set forth in subsections (c) and (d)"; near the beginning of subsection (b), substituted "reinstate" for "restore", near the middle, substituted "or ignition interlock device limited driving permit in accordance with the provisions set forth in subsections (c), (c.1), and (d)" for "in accordance with the provisions set forth in subsections (c) and (d)", and, near the end, substituted "reinstatement of such driver's license or issuance of such limited driving permit or ignition interlock device limited driving permit," for "restoration of such driver's license or issuance of such limited driving permit"; and added subsections (c) and (d). See the Code Commission notes regarding the effect of these amendments.

The 2018 amendment, effective July 1, 2018, substituted the present provisions of subsection (a) for the former provisions, which read: "A judge presiding in a drug court division, mental health court division, veterans court division, or operating under the influence court division may order the department to reinstate a defendant's driver's license that has been or should be suspended pursuant to Code Section 40-5-75, suspend such license, or issue a defendant a limited driving permit or ignition interlock device limited driving permit in accordance with the provisions set forth in subsections (c), (c.1), and (d) of Code Section 40-5-64 or with whatever conditions the court determines to be appropriate under the circumstances as a reward or sanction to the defendant's behavior in such court division. The court shall determine what fees, if any, shall be paid to the department for such reward or sanction, provided that such fee shall not be greater than the fee normally imposed for such services."; and substituted the present provisions of subsection (b) for the former provisions, which read: "A judge presiding in any court, other than the court divisions specified in subsection (a) of this Code section, may order the department to reinstate a defendant's driver's license that has been or should be suspended pursuant to Code Section 40-5-75 or issue a defendant a limited driving permit or ignition interlock device limited driving permit in accordance with the provisions set forth in subsections (c), (c.1), and (d) of Code Section 40-5-64 if the offense for which the defendant was convicted did not directly relate to the operation of a motor vehicle. The court shall determine what fees, if any, shall be paid to the department for the reinstatement of such driver's license or issuance of such limited driving permit or ignition interlock device limited driving permit, provided that such fee shall not be greater than the fee normally imposed for such services. Such judge may also order the department to suspend a defendant's driver's license that could have been suspended pursuant to Code Section 40-5-75 as a consequence of the defendant's violation of the terms of his or her probation."

Code Commission notes.

- Pursuant to Code Section 28-9-3, in 2016, the amendment of subsection (a) of this Code section by Ga. L. 2016, p. 323, § 2-6/HB 205, was treated as impliedly repealed and superseded by Ga. L. 2016, p. 443, § 4-8/SB 367, due to irreconcilable conflict.

Editor's notes.

- Ga. L. 2013, p. 222, § 21/HB 349, not codified by the General Assembly, provides: "This Act shall become effective on July 1, 2013, and shall apply to offenses which occur on or after that date. Any offense occurring before July 1, 2013, shall be governed by the statute in effect at the time of such offense."

Ga. L. 2014, p. 79, § 1/SB 320, not codified by the General Assembly, provides that: "The General Assembly recognizes that veterans have provided and continue to provide an invaluable service to our country and this state. In connection with a veteran's service, some servicemen and servicewomen have incurred physical, emotional, or mental impairments which cause or contribute to behaviors that may draw a veteran into the criminal justice system. The General Assembly has determined that having dedicated veterans court divisions is important to address the specialized treatment needs of veterans and that there are resources, services, and treatment options that are unique to veterans that may best facilitate a veteran's reentry into society."

Law reviews.

- For article, "Appeal and Error: Appeal or Certiorari by State in Criminal Cases," see 30 Ga. St. U. L. Rev. 17 (2013). For article on the 2014 amendment of this Code section, see 31 Ga. Sr. U. L. Rev. 25 (2014). For article on the 2016 amendment of this Code section, see 33 Georgia St. U. L. Rev. 139 (2016). For article on the 2018 amendment of this Code section, see 35 Ga. St. U. L. Rev. 45 (2018). For annual survey on criminal law, see 70 Mercer L. Rev. 63 (2018).

ARTICLE 4 RESTORATION OF LICENSES TO PERSONS COMPLETING DEFENSIVE DRIVING COURSE OR ALCOHOL OR DRUG PROGRAM

Cross references.

- Clinical evaluation and substance abuse treatment programs for certain offenders, § 40-5-63.1.

Administrative Rules and Regulations.

- Alcohol and Drug Awareness Program, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Driver Services, Driver Training and Driver Improvement, Subject 375-5-4.

DUI Alcohol or Drug Use Risk Reduction Program, Official Compilation of the Rules and Regulation of the State of Georgia, Department of Human Services, Mental Health, Developmental Disabilities and Addictive Diseases, Subject 290-4-10.

OPINIONS OF THE ATTORNEY GENERAL

Georgia Driver Improvement Act (see now O.C.G.A. § 40-5-80 et seq.) acts as an additional method for restoration of licenses suspended or revoked by the state and does not preclude a judge from requiring a defendant to attend a local driver improvement school. 1978 Op. Att'y Gen. No. U78-49.

RESEARCH REFERENCES

ALR.

- Validity, construction, application, and effect of statute requiring conditions, in addition to expiration of time, for reinstatement of suspended or revoked driver's license, 2 A.L.R.5th 725.

Validity and application of statute or regulation authorizing revocation or suspension of driver's license for reason unrelated to use of, or ability to operate, motor vehicle, 18 A.L.R.5th 542.

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