Ga. Comp. R. & Regs. R. 375-3-3-.10 - Limited Driving Permits
(1) The issuance of limited driving permits
and the permissible uses of such permits, which shall be reflected as
restrictions on the permit, will be governed by the applicable provisions of
state and federal law.
(2)
Customers applying for a DUI limited driving permit following the suspension of
a driver's licenses pursuant to O.C.G.A. § 40-5-63(a)(1)
based upon a conviction for driving under the influence (DUI) in violation of
O.C.G.A. § 40-6-391
or an equivalent offense must submit DDS Form 1126 completed by the convicting
court or a certified copy of the conviction unless the DUI conviction is
already reflected on the customers' driving record.
(3) The following applicants are not eligible
for a limited driving permit:
(a) Customers
who are not Georgia residents;
(b)
Customers who have never been issued a Georgia driver's license; and
(c) Customers whose Georgia driver's license
is suspended, revoked, cancelled, disqualified or otherwise withdrawn for any
other reason in addition to the suspension imposed pursuant to O.C.G.A. § 40-5-63(a)(1)
unless otherwise eligible for a limited driving permit for said withdrawal.
This list should not be considered exhaustive, and the issuance of limited
driving permits will be governed by the applicable provisions of state and
federal law.
(4) Any
customer applying for a limited driving permit must surrender any previously
issued driver's license or execute a lost license affidavit on Form
DS-250A.
(5) Issuance, renewal,
and/or replacement of limited driving permits will be governed by the
applicable provisions of state and federal law.
(6) Any person applying for an ignition
interlock limited driving permit for a suspension imposed for a second
conviction for DUI within five (5) years pursuant to O.C.G.A. § 40-5-63(a)(2)
must submit documentation satisfactory to the Department of the following:
(a) proof of installation of an approved
ignition interlock device installed on any vehicle that he or she will be
operating pursuant to such permit;
(b) A certificate of completion from a DUI
Drug or Alcohol Use Risk Reduction program; and
(c) Authorization for issuance of such permit
by the Court that handled the underlying DUI charge, and enrolled in a drug
court or clinical treatment that satisfies the requirements of O.C.G.A. § 40-5-63.1.
(i) No limited driving permit shall be
available to any person subject to a driver's license suspension imposed
pursuant to O.C.G.A. § 40-5-63(a)(2)
who has been granted an exemption from installing an ignition interlock device
limited driving due to financial hardship pursuant to O.C.G.A. § 42-8-111(a)(1)
until such person has served at least twelve months of such
suspensions.
(7) The Department shall interpret amendments
to the statutory provisions relating to limited driving permit eligibility in
the manner that is most advantageous to each customer so as to allow for the
issuance of permits at the earliest date that is legally permissible.
(8) Any person applying for an ignition
interlock permit due to a suspension triggered by a second DUI conviction
within five (5) years shall be required to maintain such ignition interlock
device for the following period:
(a) For
incidents prior to January 1, 2013: six (6) months;
(b) For incidents between January 1, 2013 and
June 30, 2013: eight (8) months; and
(c) For incidents on or after July 1, 2013:
twelve (12) months. After maintaining such interlock for the time required,
such customer shall be eligible for a permit without the interlock restriction
if otherwise eligible.
(9) Any person who is subject to a suspension
imposed pursuant to O.C.G.A § 40-5-75
who is participating in a drug court, mental health court, veteran's court
program, or operating under the influence court for such conviction may be
issued a limited driving permit for such suspension if authorized by the
court.
(10) For the purposes of
O.C.G.A.§§ 40-5-64(g)
and
40-5-64.1(f) regarding
the revocation of a limited driving permit, any bond forfeiture or plea of
nolo contendere or conviction of O.C.G.A. §§ 40-8-76
or
40-8-76.1
shall not be considered a violation of state law relating to the movement of a
motor vehicle, and shall not revoke a limited driving permit.
(11) Any person aged eighteen (18) or older
whose driver's license has been suspended pursuant to O.C.G.A. § 40-5-57.1
as a result of a conviction for speeding where such person's speed was at least
twenty-four (24) miles per hour over the posted speed limit, but less than
thirty-four (34) miles per hour above the posted speed limit, shall be eligible
for a limited driving permit.
Notes
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