---
title: O.C.G.A. § 40-5-22.1. Reinstatement after delinquency adjudication for driving under the influence of alcohol or drugs for child under 16 years of age.
collection: code
id: 40-5-22.1
cite_as: O.C.G.A. § 40-5-22.1 (2025)
canonical_url: https://georgiacommons.org/code/40-5-22.1
md_url: https://georgiacommons.org/code/40-5-22.1.md
text_url: https://georgiacommons.org/code/40-5-22.1/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t40-ch1-5-(v28a)-2024-pdf.pdf?sfvrsn=636595ac_0#page=530
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/40-5.md
previous: https://georgiacommons.org/code/40-5-22.md
next: https://georgiacommons.org/code/40-5-23.md
index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: MOTOR VEHICLES AND TRAFFIC / DRIVERS’ LICENSES / ISSUANCE, EXPIRATION, AND RENEWAL OF LICENSES
---

# O.C.G.A. § 40-5-22.1. Reinstatement after delinquency adjudication for driving under the influence of alcohol or drugs for child under 16 years of age.

Notwithstanding any other provision of law, if a child under 16 years of age is adjudicated delinquent of driving under the influence of alcohol or drugs or convicted in any other court of such offenses, the court shall order that the privilege of such child to apply for and be issued a driver’s license or instruction permit shall be suspended and delayed until such child is 17 years of age for a first conviction and until such child is 18 years of age for a second or subsequent such conviction. Upon reaching the required age, such license privilege shall be reinstated if the child submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program or an assessment and intervention program approved by the juvenile court and pays a reinstatement fee to the department. The reinstatement fee for a first such conviction shall be $210.00 or $200.00 if paid by mail. The reinstatement fee for a second such conviction shall be $310.00 or $300.00 if paid by mail. The reinstatement fee for a third or subsequent such conviction shall be $410.00 or $400.00 if paid by mail. The court shall notify the department of its order delaying the issuance of such child’s license within 15 days of the date of such order. The department shall not issue a driver’s license or instruction permit to any person contrary to a court order issued pursuant to this Code section.

## History

Code 1981, § 40-5-22.1, enacted by Ga. L. 1990, p. 1148, § 1; Ga. L. 1992, p. 2785, § 5; Ga. L. 2000, p. 951, § 5-6; Ga. L. 2005, p. 334, § 17-5/HB 501; Ga. L. 2009, p. 679, § 1/HB 160; Ga. L. 2016, p. 443, § 4-2/SB 367; Ga. L. 2024, p. 1052, § 4(45)/SB 448, effective July 1, 2024.

## Law Reviews

For note on 1990 enactment of this Code section, see 7 Georgia St. U.L. Rev. 337 (1990).

For article on the 2016 amendment of this Code section, see 33 Georgia St. U.L. Rev. 139 (2016).

## Amendments

The 2024 amendment, effective July 1, 2024, part of an Act to revise, modernize, and correct the Code, substituted ““instruction permit” for “learner’s permit” twice, and substituted “department” for “Department of Driver Services” at the end of the second sentence.