2025 Georgia Codes – Page 252

(a)  To whom issued.
(1) Any person who has not been previously convicted or adjudicated delinquent for a violation of Code Sec-
tion 40-6-391 within five years, as measured from the dates of previous arrests for which convictions were
obtained or pleas of nolo contendere were accepted to the date of the current arrest, and whose driver’s
license is subject to an administrative driver’s license suspension pursuant to subsection (c) of Code Section

Any resident or nonresident whose driver’s license or privilege to operate a motor vehicle in this state has
been suspended or revoked as provided in this chapter shall not operate a motor vehicle in this state under a
license or permit issued by any other jurisdiction or otherwise during such suspension or after such revoca-
tion until the license is restored when and as permitted under this chapter.

(ii) Upon surrender of the applicant’s driver’s license; and
(iii) Upon the applicant’s execution of an affidavit attesting that the hearing afforded under subsection (g)
of Code Section 40-5-67.1 has been waived; or
(B) For an applicant eligible for an ignition interlock device limited driving permit pursuant to paragraph
(3) of subsection (a) of this Code section, upon the submission of a certificate of eligibility from an
accountability court, as such term is defined in Code Section 15-1-18, or the submission of proof of enroll-
ment in a substance abuse treatment program as provided in Code Section 40-5-63.1 and the surrender of
his or her driver’s license to such court or to the department if the department has processed the adminis-
trative driver’s license suspension form or conviction.
(2) No person who has been granted an exemption from the ignition interlock device requirements of Article
7 of Chapter 8 of Title 42 due to undue financial hardship under Code Section 42-8-111 shall be eligible for
a limited driving permit pursuant to Code Section 40-5-64 or any other driving privilege for a period of one
year.
(d) Duration, renewal, and replacement of ignition interlock device limited driving permit.
(1) An ignition interlock device limited driving permit shall be valid for a period of one year. Upon success-
ful completion of one year of monitoring of such ignition interlock device, the restriction for maintaining
and using such ignition interlock device shall be removed, and such permit may be renewed for additional
periods of two months upon payment of a renewal fee of $5.00, but it may only be renewed one time after
such person is eligible to reinstate his or her driver’s license.
(2) Upon payment of a fee in the same amount as that provided by Code Section 40-5-25 for the issuance of
a Class C driver’s license, a person may be issued a replacement for a lost or destroyed ignition interlock
device limited driving permit previously issued to him or her.
(e) Exceptions to standards for approval. An ignition interlock device limited driving permit shall be restrict-
ed to allow the holder thereof to drive solely for the following purposes:
(1) Going to his or her place of employment or performing the normal duties of his or her occupation;
(2) Receiving scheduled medical care or obtaining prescription drugs;
(3) Attending a college or school at which he or she is regularly enrolled as a student;
(4) Attending regularly scheduled sessions or meetings of treatment support organizations for persons who
have addiction or abuse problems related to alcohol or other drugs, which organizations are recognized by
the commissioner;
(5) Attending under court order any driver education or improvement school or alcohol or drug program or
course approved by the court which entered the judgment of conviction resulting in suspension of his or her
driver’s license or by the commissioner;
(6) Attending court, reporting to a community supervision, juvenile probation, or Article 6 of Chapter 8 of
Title 42 probation office, reporting to a community supervision officer, county or Department of Juvenile
Justice juvenile probation officer, or probation officer serving pursuant to Article 6 of Chapter 8 of Title 42,
or performing community service;
(7) Transporting an immediate family member who does not hold a valid driver’s license for work, to obtain
medical care or prescriptions, or to school;
(8) Attending any program, event, treatment, or activity ordered by a judge presiding in an accountability
court, as such term is defined in Code Section 15-1-18; or
(9) Going for monthly monitoring visits with the permit holder’s ignition interlock device service provider.
(f) Revocation of ignition interlock device limited driving permit.
(1)(A) The department shall revoke the ignition interlock device limited driving permit of any permittee
issued such permit pursuant to paragraph (1) or (2) of subsection (a) of this Code section who is convicted
of violating any state law relating to the movement of vehicles or convicted of driving a motor vehicle in
violation of an ignition interlock device limited driving permit. Any court in which such conviction is had
shall require such permittee to surrender the ignition interlock device limited driving permit to the court,
and the court shall forward it to the department within ten days after the conviction, with a copy of the
conviction.
(B) The department shall revoke the ignition interlock device limited driving permit of any permittee who
is required to complete a substance abuse treatment program pursuant to Code Section 40-5-63.1 and
enrolled but failed to attend or complete such program as scheduled upon receipt of notice of such infor-
mation from the Department of Behavioral Health and Developmental Disabilities. The department shall
notify the permittee of such revocation by regular mail to his or her last known address. Such notice of
revocation shall inform the permittee of the grounds for and effective date of the revocation and of the
right to review. The notice of revocation shall be deemed received three days after mailing.
(C) The department shall revoke the ignition interlock device limited driving permit of a permittee upon
receipt of notice from an ignition interlock device service provider that an ignition interlock device has
been tampered with, a permittee has failed to report for monitoring as required by law, or an ignition
interlock device has been removed from any motor vehicle to be driven by a permittee prior to successful
completion of the required term of monitoring under Code Section 42-8-110.1.
(2) The department shall notify the permittee of such revocation by regular mail to his or her last known
address. Such notice of revocation shall inform the permittee of the grounds for and effective date of the
revocation and of the right to review. The notice of revocation shall be deemed received three days after
mailing.
(3) Any person whose ignition interlock device limited driving permit has been revoked for the first time
shall not be eligible to apply for a driver’s license until six months from the date such permit was surren-
dered to the department. Any person whose ignition interlock device limited driving permit has previously
been revoked shall not be eligible to apply for a driver’s license until two years from the date such permit
was surrendered to the department.
(g) Hearings. Any person whose ignition interlock device limited driving permit has been revoked or who has
been refused such permit by the department may make a request in writing for a hearing to be provided by
the department. Such hearing shall be provided by the department within 30 days after the receipt of such
request and shall follow the procedures required by Chapter 13 of Title 50, the “Georgia Administrative Pro-
cedure Act.” Appeal from such hearing shall be in accordance with such chapter.
(h) Rules and regulations. The commissioner may promulgate rules and regulations as are necessary to imple-
ment this Code section.
(i) Penalty. Any person issued an ignition interlock device limited driving permit who operates a motor vehi-
cle in violation of the terms of such permit, as described in Code Section 42-8-110.1 or subsection (e) or (f)
of this Code section, commits the offense of violation of an ignition interlock device limited driving permit.
Any person who commits the offense of violation of an ignition interlock device limited driving permit shall
be guilty of a misdemeanor.