2020 Georgia Code
Title 52 - Waters of the State, Ports, and Watercraft
Chapter 7 - Registration, Operation, and Sale of Watercraft
Article 1 - General Provisions
§ 52-7-12.6. Terms of Suspension; Return of Operating Privilege; Operation When Suspended

1. Any operator's privilege to operate a vessel on the waters of this state required to be suspended under subsection (d) of Code Section 52-7-12.5 shall be suspended subject to the following terms and conditions:
   1. Upon the first suspension pursuant to subsection (d) of Code Section 52-7-12.5 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 one year.Not sooner than 120 days following the effective date of suspension, the person may apply to the department for reinstatement of his or her operator's privilege.Such privilege shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program certified by the Department of Driver Services and pays a restoration fee of $200.00.An operator's privilege suspended pursuant to Code Section 52-7-12.5 shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program certified by the Department of Driver Services and pays a restoration fee of $200.00, unless such conviction was a recidivist conviction, in which case the restoration fee shall be $500.00;
   2. Upon the second suspension pursuant to subsection (d) of Code Section 52-7-12.5 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 three years.Not sooner than 18 months following the effective date of suspension, the person may apply to the department for reinstatement of his or her operator's privilege.Such privilege shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program certified by the Department of Driver Services and pays a restoration fee of $200.00.An operator's privilege suspended pursuant to Code Section 52-7-12.5 shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program certified by the Department of Driver Services and pays a restoration fee of $200.00;
   3. Upon the third or subsequent suspension pursuant to subsection (d) of Code Section 52-7-12.5 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 not less than five years and until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program certified by the Department of Driver Services and pays a restoration fee of $200.00; and
   4. Any person convicted of violating Code Section 52-7-12.2, 52-7-12.3, or 52-7-12.4 shall have his or her privilege to operate a vessel on the waters of this state suspended for three years. Such privilege shall be reinstated after the expiration of the three-year period if such person submits proof of completion of a boating education course approved by the department and pays a restoration fee of $200.00, unless such conviction was a recidivist conviction, in which case the restoration fee shall be $500.00.
2. In all cases in which the department may return the privilege to operate a vessel on the waters of this state to an operator prior to the termination of the full period of suspension, the department may require such tests of operating skill and knowledge as it determines to be proper, and the department's discretion shall be guided by the operator's past operating record and performance and the operator's payment of a restoration fee of $200.00, unless such conviction was a recidivist conviction, in which case the restoration fee shall be $500.00.
3. Any person who operates a vessel or personal watercraft on any of the waters of this state at a time when such person's privilege to do so has been suspended shall be guilty of a misdemeanor and shall be punished by a fine of not less than $500.00 nor more than $1,000.00; provided, however, that for a second and each subsequent conviction within a five-year period measured from the date of the previous arrest upon which a conviction was obtained to the date of the current arrest, such person shall be guilty of a misdemeanor of a high and aggravated nature and shall be punished by a fine of not less than $1,000.00 nor more than $1,500.00. The period suspension of the privilege to operate a vessel on the waters of the state of any person convicted under this subsection shall be extended for an additional six months for each such conviction.

(Code 1981, §52-7-12.6, enacted by Ga. L. 1998, p. 672, § 3; Ga. L. 2001, p. 1000, § 2; Ga. L. 2005, p. 334, § 31-1/HB 501; Ga. L. 2013, p. 92, § 10/SB 136; Ga. L. 2014, p. 710, § 1-22/SB 298.)

The 2013 amendment, effective May 15, 2013, in subsection (a), added "and pays a restoration fee of $200.00, unless such conviction was a recidivist conviction, in which case the restoration fee shall be $500.00" throughout; in paragraph (a)(1), substituted "120 days" for "30 days" near the beginning of the second sentence; in paragraph (a)(2), substituted "18 months" for "120 days" near the beginning of the second sentence, and deleted "and" at the end; added "and pays a restoration fee of $200.00, unless such conviction was a recidivist conviction, in which case the restoration fee shall be $500.00; and" at the end of paragraph (a)(3); and added paragraph (a)(4); and, at the end of subsection (b), added "and the operator's payment of a restoration fee of $200.00, unless such conviction was a recidivist conviction, in which case the restoration fee shall be $500.00". See Editor's notes for applicability.

The 2014 amendment, effective July 1, 2014, in paragraph (a)(1), deleted "for" preceding "one year" near the end of the first sentence, substituted "certified" for "approved" in the third and fourth sentences, and deleted ", unless such conviction was a recidivist conviction, in which case the restoration fee shall be $500.00" at the end of the third sentence; in paragraph (a)(2), deleted "for" preceding "three years" near the end of the first sentence, substituted "his or her" for "the person's" in the second sentence, substituted "certified" for "approved" in the third and fourth sentences, and deleted ", unless such conviction was a recidivist conviction, in which case the restoration fee shall be $500.00" at the end of the third and fourth sentences; and, in paragraph (a)(3), deleted "for" preceding "not less than" in the middle, substituted "certified" for "approved" near the end, and deleted ", unless such conviction was a recidivist conviction, in which case the restoration fee shall be $500.00" at the end.

- Pursuant to Code Section 28-9-5, in 2002, "five-year period" was substituted for "five year period" in the first sentence in subsection (c).

- Ga. L. 2013, p. 92, § 1/SB 136, not codified by the General Assembly, provides, in part, that Sections 8, 9, and 10 of this Act shall be known and may be cited as the "Jake and Griffin Prince BUI Law."

Ga. L. 2013, p. 92, § 14/SB 136, not codified by the General Assembly, provides, in part, that the amendment of this Code section by that Act shall apply to all offenses occurring on and after May 15, 2013; provided, however, that for purposes of determining the number of prior convictions or pleas of nolo contendere pursuant to the felony provisions of paragraph (4) of subsection (m) of Code Section 52-7-12, only those offenses for which a conviction or a plea of nolo contendere is obtained on or after May 15, 2013, shall be considered.

- For review of 1998 legislation relating to waters of the state, ports, and watercraft, see 15 Ga. St. U.L. Rev. 251 (1998).

OPINIONS OF THE ATTORNEY GENERAL

Fingerprinting required.

- An offense under O.C.G.A. § 52-7-12.6 would be designated as one which requires fingerprinting. 1998 Op. Att'y Gen. No. 98-20.