Habitual Violator Status in Georgia: How DUI Convictions Can Cost Your License for Five Years

Habitual Violator Status in Georgia: How DUI Convictions Can Cost Your License for Five Years

For most drivers, a first DUI in Georgia means a license suspension measured in months. There is one much more serious label in Georgia law that can have you lose your driver’s license for five years: habitual violator status. There is no need for a dramatic accident or a felony charge. It can come from a pattern of convictions, and many drivers are not aware that they are nearing it until they receive a notice from the Department of Driver Services stating that their license is to be revoked.

Under O.C.G.A. 40-5-58, a person is a habitual violator if he or she is convicted of three serious traffic offenses within five years. One of the qualifying offenses is DUI. Other crimes covered are vehicular homicide and reckless driving in some instances, as well as fleeing or attempting to elude an officer and driving while a license is suspended or revoked as a result of certain convictions. The five years do not begin on the conviction date but rather on the offense date, so cases can pile up quickly if they are delayed.

The Department of Driver Services takes away the license for five years after the third qualifying conviction. This is a revocation, not a suspension, so it is important to understand the difference. A suspension is a clear time limit with a clear road back. Revocation means the privilege to drive has been completely removed and regaining it requires meeting the state’s conditions. In Georgia, driving while revoked as a habitual violator is considered a felony, and any trip could create prison exposure. For background on the separate suspension process, see our guide to administrative license suspension in an Atlanta DUI case.

The return journey is long, but not necessarily blocked. If a Georgia driver meets specific requirements, he or she can request a probationary license after serving part of the revocation period, typically after two years. A DUI Lawyer Atlanta drivers seek for reinstatement services can let you know if you are eligible and any requirements that might apply. A probationary license is restricted: often, it will only allow the person to drive for work, school, health care, and other uses specified in the license, and breaking the rules of the probationary license could result in additional consequences. Once the full five-year term is up, a person can get their license reinstated, often following completion of a defensive driving course and payment of reinstatement fees, and meeting any other conditions that must be fulfilled.

How does anybody get here without catching sight of it? It tends to develop over time. A DUI while in college, another a few years later, and a reckless driving conviction after a speeding incident can add up to three qualifying offenses. Some drivers think that if it is an older case then it is not counted since it was in another county or happened years ago. Convictions statewide in Georgia and convictions from other states may be relevant in some situations. One of the other common surprises is that someone who is convicted of driving on a suspended license could also be committing a qualifying offense; that is, driving after a DUI suspension could speed up the process toward becoming a habitual violator.

In addition to losing the license, there are also financial repercussions. Without a full license for five years, one can lose jobs, miss promotions, or rely on rides, public transit, or family members. The impact for those who earn their livelihood driving is even more direct: commercial driving privileges are generally incompatible with habitual violator status, and employers in transportation, delivery, and field services often cannot keep a driver who cannot legally drive. See our guide to commercial driver’s license DUI for how this affects professional drivers.

Besides the license, there are criminal penalties as well. Driving after being declared a habitual violator can be charged as a felony under Georgia law, punishable by imprisonment. That charge may be filed even if the driving was a very short trip and there was no accident. Also, if a habitual violator is charged with a new DUI, the case is one that is more apt to be taken seriously by the prosecutor and the judge, as there is evidence of a pattern rather than a single infraction. Sentences can also be influenced by prior convictions, such as additional probationary requirements and even jail time.

What does a driver do to prevent getting this designation? The first and foremost thing is to take all DUI charges seriously, even for a first offense. An Atlanta DUI Lawyer will be able to examine your record, conviction by conviction, and show how close you are to the habitual violator line. A conviction is not on the list of qualifying offenses if the reduction to a lesser charge is based on the facts and the law. This is where the outcome of each individual case is significant in the long term. Drivers should also be mindful of driving while a suspension is active, as this may itself become a qualifying offense. A lawyer will have a complete view of the situation before a third conviction when they have a complete record of each case, including the offense date, the charge, and the final disposition.

Do not ignore a habitual violator notice, if you have already been notified. The notice will provide the reason why the revocation will take effect and the dates of the revocation. Make sure that there is not a mistake in it, as conviction records do get made wrong and an incorrect date of conviction or a conviction that does not qualify can have a dramatic effect. An Atlanta DUI Attorney who handles license matters can read the notice, determine if the three violations are genuine, and guide you in the procedure for probationary license eligibility and reinstatement.

Georgia traffic law has some of the toughest administrative penalties, including habitual violator status, and it falls on your lap by mail without warning after the case has been heard. It is better to know the rule before a third conviction than afterwards. If a record is closing in on or has reached that line then it is best to seek advice as soon as possible to ensure your record is protected, your job is protected, and you are not incarcerated. Five years without a license does not have to be five years without a plan. A DUI Attorney Atlanta drivers seek out for license issues can outline the timeline, the probationary license option, and the requirements for reinstatement.