Official Code of Georgia Annotated

Title 40. MOTOR VEHICLES AND TRAFFIC · Chapter 5. DRIVERS’ LICENSES · Article 3. CANCELLATION, SUSPENSION, AND REVOCATION OF LICENSES

40-5-67. Seizure and disposition of driver’s license of persons charged with driving under the influence; issuance of temporary driving permit; disposition of cases.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

(a)
Whenever any resident or nonresident person is charged with violating Code Section 40-6-391, the law enforcement officer shall take the driver’s license of the person so charged. The driver’s license shall be attached to the court’s copy of the uniform traffic citation and complaint form and shall be forwarded to the court having jurisdiction of the offense. A copy of the uniform traffic citation and complaint form shall be forwarded, within ten days of issue, to the department. Taking the driver’s license as required in this Code section shall not prohibit any law enforcement officer or agency from requiring any cash bond authorized by Article 1 of Chapter 6 of Title 17.#
(b)
1. (1)
  At the time the law enforcement officer takes the driver’s license, the officer shall issue a temporary driving permit to the person as follows:#
  (A)
  If the driver refuses to submit to a test or tests to determine the presence of alcohol or drugs as required in Code Section 40-5-55, the officer shall issue a 45 day temporary driving permit;#
  (B)
  If the driver’s license is required to be suspended under Code Section 40-5-67.1, the officer shall issue a 45 day temporary driving permit; or#
  (C)
  If the test or tests administered pursuant to Code Section 40-5-55 indicate an alcohol concentration in violation of Code Section 40-6-391 but less than the level for an administrative suspension of the license under subsection (c) of Code Section 40-5-67.1, the officer shall issue a 180 day temporary driving permit.#
2. (2)
  A temporary driving permit issued under this subsection shall be valid for the stated period or until the person’s driving privilege is suspended or revoked under any provision of this title. The department, at its sole discretion, may delay the expiration date of such temporary driving permit, but in no event shall this delay extend beyond the date when such person’s driving privilege is suspended or revoked under any provision of this title. The department shall by rules and regulations establish the conditions under which the expiration of a temporary driving permit may be delayed.#
(c)
1. (1)
  If the person is convicted of violating or enters a plea of nolo contendere to a charge of violating Code Section 40-6-391, the court shall, within ten days, forward the person’s driver’s license and the record of the disposition of the case to the department. At this time, the court shall also require the person to surrender the temporary driving permit issued pursuant to subsection (b) of this Code section.#
2. (2)
  If the person is not convicted of violating and does not enter a plea of nolo contendere to a charge of violating Code Section 40-6-391, and the court is in possession of the driver’s license, the court shall return the driver’s license to the person unless the license is in suspension for any other offense, in which case the court shall forward the license to the department for disposition.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 40-5-69, enacted by Ga. L. 1983, p. 1000, § 1; Code 1981, § 40-5-67, as redesignated by Ga. L. 1990, p. 2048, § 4; Ga. L. 1992, p. 2564, § 5; Ga. L. 1994, p. 1600, § 2; Ga. L. 1997, p. 760, § 19; Ga. L. 2000, p. 951, § 5-28; Ga. L. 2016, p. 323, § 1-3/HB 205.

Editor's notes

Ga. L. 1994, p. 1600, § 11, not codified by the General Assembly, provides that the provisions of the Act shall apply only to cases arising out of arrests occurring on or after January 1, 1995, except that the provisions amending subsection (a) of Code Section 40-6-391.1, restricting the acceptance of a plea of nolo contendere to a charge of violating Code Section 40-6-391, and the provisions amending subsection (c) of Code Section 40-6-391, changing the criminal penalties for violations of the section, shall become effective July 1, 1994, and except that the provisions amending subsection (g) of Code Section 40-5-67.1, relating to the time for requesting a hearing on an administrative suspension, the stay of a suspension pending such hearing, and the early termination of an administrative suspension under certain conditions shall apply to cases pending on July 1, 1994. Ga. L. 1997, p. 760, § 1, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘Teen-age and Adult Driver Responsibility Act.’” Ga. L. 1997, p. 760, § 27, not codified by the General Assembly, provides that the amendment made by the Act to this Code section shall apply to offenses committed on or after July 1, 1997, and shall not apply to offenses committed prior to that date.

Law reviews

For note on 1992 amendment of this Code section, see 9 Georgia St. U.L. Rev. 298 (1992). For article commenting on the 1997 amendment of this Code section, see 14 Georgia St. U.L. Rev. 203 (1997). For note, “Rodriguez v. State: Addressing Georgia’s Implied Consent Requirements for Non-English-Speaking Drivers,” see 54 Mercer L. Rev. 1253 (2003).

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t40-ch1-5-(v28a)-2024-pdf.pdf, Volume V28A, 2024 edition, pages 653 to 655; merge action: carried; file SHA-256 991cd8c9db96.

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