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Official Code of Georgia Annotated

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.

Active

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

  1. (a)
    1. (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. (A)

        Reinstate a defendant’s Georgia driver’s license that has been or should be suspended under the laws of this state;#

      2. (B)

        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. (C)

        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. (D)

        Suspend or revoke such license, limited driving permit, or ignition interlock device limited driving permit.#

    2. (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. (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.#

  2. (b)

    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.#

  3. (c)
    1. (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. (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.#

  4. (d)

    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.#

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, § 40-5-76, 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.

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.”

Code Commission notes

Pursuant to Code Section 28-9-5, 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.

Law reviews

For article, “Appeal and Error: Appeal or Certiorari by State in Criminal Cases,” see 30 Georgia St. U.L. Rev. 17 (2013). For article on the 2014 amendment of this Code section, see 31 Georgia St. 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).

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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 704 to 706; merge action: carried; file SHA-256 991cd8c9db96.

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