2022 Georgia Code
Title 40 - Motor Vehicles and Traffic
Chapter 5 - Drivers’ Licenses
Article 2 - Issuance, Expiration, and Renewal of Licenses
§ 40-5-29. License to Be Carried and Exhibited on Demand

Universal Citation: GA Code § 40-5-29 (2022)
  1. Every licensee shall have his or her driver’s license in his or her immediate possession at all times when operating a motor vehicle.  Any person who has a receipt issued by the department reflecting issuance, renewal, replacement, or reinstatement of his or her driver’s license in his or her immediate possession shall be considered to have such license in his or her immediate possession if such is confirmed to be valid by the department or through the Georgia Crime Information Center.  The department may establish by rule and regulation the term of such receipt.  Notwithstanding the foregoing, no receipt issued by the department shall be accepted as proof of such person’s identity for any other purpose, including but not limited to proof of voter identification or proof of age for purposes of purchasing alcoholic beverages.
    1. Every licensee shall display his or her license upon the demand of a law enforcement officer. When records of the department indicate that a license has been issued in an electronic format, a law enforcement officer may demand such display be made by physical format. In such instances, if a law enforcement officer demands display of the physical format, the licensee shall not be compelled to display an electronic format of his or her license nor release his or her wireless telecommunications device to the officer. A refusal to comply with such demand not only shall constitute a violation of this subsection but shall also give rise to a presumption of a violation of subsection (a) of this Code section and of Code Section 40-5-20.
    2. Any person utilizing a wireless telecommunications device to display his or her license in electronic format in order to comply with subsection (a) of this Code section shall not be considered to have consented to a search of such device by a law enforcement officer.
    3. For purposes of this subsection, the term “wireless telecommunications device” shall have the same meaning as provided in Code Section 40-6-241.
  2. A person convicted of a violation of subsection (a) of this Code section shall be fined no more than $10.00 if he or she produces in court a license theretofore issued to him or her and valid at the time of his or her arrest.

History. Ga. L. 1937, p. 322, art. 4, § 7; Ga. L. 1951, p. 598, § 4; Code 1933, § 68B-210, enacted by Ga. L. 1975, p. 1008, § 1; Ga. L. 1990, p. 2048, § 4; Ga. L. 2014, p. 710, § 2-2/SB 298; Ga. L. 2020, p. 199, § 3-3/HB 463.

The 2020 amendment, effective June 30, 2020, designated the existing provisions of subsection (b) as paragraph (b)(1); added the second and third sentence in paragraph (b)(1); and added paragraphs (b)(2) and (b)(3).

Cross references.

Requirement of compliance with lawful order or direction of officer authorized to direct, control, or regulate traffic, § 40-6-2 .

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