How Long Can Your License Be Suspended in Georgia?

Offenses That Lead To Mandatory Suspensions

As mentioned, there are some offenses in Georgia that will automatically trigger a license suspension, regardless of how perfect a person’s prior driving history might be. Most of these offenses are listed under O.C.G.A. § 40-5-54, though some appear as mandatory offenses elsewhere in Georgia law.

Homicide or Serious Injury by Vehicle

The first offense listed under O.C.G.A. § 40-5-54 is homicide by vehicle and its subsection, feticide by vehicle. Neither offense requires premeditation nor intent to harm or cause the death of another person. Despite this fact, the penalties can be severe depending on the circumstances that caused the car accident in the first place.

Suppose a person passes away as a result of a driver colliding with a school bus, driving recklessly, eluding an officer, or driving under the influence. In those cases, authorities would suspend the driver’s license for three years, in addition to potential imprisonment for three to fifteen years. The same is true if reckless or impaired driving causes serious injury rather than death.

If an accident causes death and the driver flees the scene of the accident, the penalty is a 12-month license suspension in addition to three to fifteen years in prison. If the cause of the accident is not due to one of the circumstances above, and the driver remains at the scene, the suspension period is still 12 months, but there’s less jail time imposed on the offender.

Hit and Run or Leaving the Scene of an Accident

Another offense that leads to an automatic license suspension is leaving the scene of an accident, more commonly known as a “hit-and-run.” Generally, a driver commits a hit-and-run when they don’t give their information to other drivers, pedestrians, or property owners involved in an accident and fail to remain at the scene until police arrive. For a first offense, the license is suspended for 12 months, which increases to a three-year suspension for a second offense within five years.

How long does it take to reinstate a license in Georgia? In both instances, a driver can apply for early license reinstatement after waiting 120 days, paying their fines, and completing court-approved driving courses. However, if the state convicts a driver of three offenses in a five-year period, their license is revoked for five years without the possibility of an early reinstatement.

Racing On Highways or Streets

Any speed or acceleration competition, endurance test, or drag race is illegal on Georgia roads and considered a misdemeanor offense. Like a hit-and-run, drivers face a 12-month suspension for their first offense and a minimum of three years for their second offense in five years. Again, after 120 days, they can apply to have their license reinstated, pending their completion of a court-approved driving course and paying all relevant fines.

Once there are three convicted offenses in a five-year period from the first arrest, the driver’s license is revoked for five years, requiring the offender to reapply for a driver’s license from square one. Also, if drugs or alcohol are involved in the race, stricter punishments follow according to Georgia’s DUI laws.

Using a Vehicle to Evade an Officer

If a driver attempts to flee or refuses to stop their vehicle after a law enforcement officer gives them a visual or audible to stop, they violate O.C.G.A. § 40-6-395. A violation for evading an officer subjects them to the same penalties as drivers participating in races or committing hit-and-runs.

Driving With A Suspended or Revoked License

Likewise, any driver knowingly driving with a suspended or revoked license commits this misdemeanor offense. The same 12-month suspension for a first offense and three-year suspension for a second offense applies like the other violations listed under O.C.G.A. § 40-5-54. Drivers can apply for reinstatement after 120 days, provided they pay all fines and fees, and attend a court-approved driving course. Again, a third offense results in a five-year license revocation.

Unpaid Child Support

In 1996, the Georgia legislature added a subsection to the mandatory offenses that, unlike those, has nothing to do with driving. Under O.C.G.A. § 40-5-54.1, Georgia can suspend a person’s license if they do not comply with their court-ordered child support. A person is considered non-compliant if they are more than 60 days late on a child support payment.

Once DDS learns that a person is not complying with child support, it suspends their license indefinitely. The license remains suspended until the person pays child support and a $35 fee ($25 if payment is mailed) or proves that they are in compliance with the child support order. The state only notifies the person of their suspension through the mail, so having a correct address with the Department of Driver Services is essential to avoid penalties for driving with a suspended license.

Mandatory Offenses for Drivers 21 and Under

Georgia creates mandatory offenses for drivers under 21 years old in addition to those listed in O.C.G.A. § 40-5-54. According to O.C.G.A. § 40-5-57.1, DDS can suspend licenses for drivers under 21 if they engage in reckless driving, aggressive driving, improper passing on a hill or curve, unlawful passing of a school bus, or exceeding the speed limit by 24 mph or more. The suspension period for a first offense is six months, and for a second offense, it is 12 months. Drivers can apply for early reinstatement for both a first and second offense after paying all fines and fees.

Georgia’s Points System

In addition to specific offenses that can trigger a violation, Georgia also suspends licenses when drivers accumulate too many points within a specific time period. The number of points and the time period in question vary by age, but the offenses that trigger points are the same. They include:

Drivers Under 18

If a driver under 18 receives four or more points on their license within a consecutive 12-month period, DDS automatically suspends their license for six months. Should that happen a second time within 12 months, DDS suspends their license for 12 months—a third violation results in a revoked license.

Drivers Under 21

A driver under 21 can have their license suspended if the state convicts them of an offense that results in four or more points on their license, like reckless driving. The first offense results in a six-month suspension followed by a 12-month suspension for a second violation. Like drivers under 18 years old, a third violation triggers a revocation, and the driver would need to repeat the process for getting their license from the beginning.

Points for Drivers 21 and Above

For drivers 21 years old and above, an accumulation of 15 points or more in a 24-month period results in a mandatory license suspension. Georgia measures the period from the date of the first arrest that led to a conviction to the current arrest. For a first offense, the suspension period is one year, and for a second offense within five years, the period is three years. Drivers can apply for early reinstatement at any time after they complete an approved defensive driving course. However, for a third offense within five years, the license is suspended for two years with no possibility of early reinstatement.

Is Your License Suspended Immediately After a DUI in Georgia?

Georgia also suspends licenses following convictions for driving under the influence (DUI). Georgia’s DUI law, O.C.G.A. § 40-6-391, prohibits more than driving drunk. It also includes any other intoxicating drugs, glues, or aerosols that make it unsafe to drive. Georgia does not immediately suspend a driver’s license for a DUI. Still, when reasonable suspicion exists that a driver is under the influence, authorities immediately intend to suspend the license.

Procedure at a Stop

When a police officer pulls a driver over or arrives at the scene of an accident and suspects a driver is under the influence, they will take that driver’s license and instruct the driver to submit to a road test. At this point, the police officer should provide notice of the state’s intention to suspend the license.

There are required instructions that police must read to stopped drivers, but they do not need to read them verbatim. At the very least, they must communicate that refusing to submit to testing will result in a license suspension of at least one year. Also, the driver’s refusal to submit to testing can be entered as evidence at trial. They must also communicate that should the test show an alcohol concentration of 0.08 grams or more, the state may suspend their license for at least one year.

Depending on the test results or refusal to submit to testing, the police officer will take the license and issue either a 45-day or 180-day driving permit. These permits allow the person to drive until their hearing date or until their license is officially suspended. If the hearing happens after the permit period, the court may extend the permit until the hearing or until the suspension takes effect.

Georgia has an escalating scale of punishments for DUIs, including fines, jail or prison sentences, and community service. For now, we will focus on the penalties for license suspensions. If you have additional questions regarding DUI punishments in Georgia, contact a trusted attorney for help.

How Long Is Your License Suspended for DUI in Georgia?

Like other offenses, Georgia escalates the suspension period depending on the number of prior convictions within a five-year period, starting with the first arrest that led to a conviction or a ‘no contest’ plea.

1. First Offense: A first conviction for driving under the influence results in a minimum 180-day suspension. An offender can apply to have their license reinstated after those 180 days, provided they complete a DUI Alcohol or Drug Use Risk Reduction Program, and pay the restoration fee.
2. Second Offense: A second DUI conviction within five years results in a mandatory three-year suspension. A person can apply for early reinstatement after serving 18 months of the suspension. They must also complete a DUI Alcohol or Drug Use Risk Reduction Program and pay all fees.
3. Third Offense and Beyond: After three DUI convictions within five years, Georgia revokes a person’s license for five years. They are ineligible for a limited permit during the revocation period and must reapply for a license after five years. They must still complete the DUI Alcohol or Drug Use Risk Reduction Program, pay all fees, and potentially attend a reinstatement hearing.

How To Check If My License Is Suspended in Georgia

Drivers looking to avoid a penalty for driving with a revoked or suspended license can check to see if their license is suspended through an online portal. Interested drivers can go to dds.drives.ga.gov and scroll to the “Pay Fees” box. There should be a link titled “Pending Suspensions” and another that says “Administrative License Suspension.”

Clicking on “Pending Suspensions” will allow you to check and pay any fees that, if unpaid, would trigger a suspension. To check, you’ll need your date of birth and the Letter ID provided on the notice of a pending suspension. If you don’t have a Letter ID, you’ll need your driver’s license number to check for those fees. One type of fee that can trigger a suspension is Georgia’s Super Speeder fine, an additional $200 fine for traveling 85 mph or higher on any road or highway or 75 mph or more on any two-lane road or highway.

To check for an Administrative License Suspension, create a MyDDS account at dds.drives.ga.gov. Once you have an account and log in, you can check for a suspended license by clicking your “Driver History” link. You can also call the DDS Help Line at 678-413-8400 from 7:30 am to 5: 30 pm, but be sure to have your license on hand for any questions.

How To Reinstate a Suspended License in Georgia

The process for reinstating a license is similar to checking to see if you have a suspended license in the first place. To reinstate your license, you typically need to pay any relevant fees and submit a certificate of completion of a court-ordered or approved driving course. The offense that led to the suspension usually determines which course you must complete.

First, start by requesting an appeal:

• If you wish to proceed online, create a MyDDS account, log in, and go to “Other Services.”
• From there, look for the links to the “ALS Hearing Request” and “Non-ALS Hearing Request.”
• Once eligible, drivers convicted of DUI should select the ALS Hearing Request link and fill out the online form to appeal their suspension.
• All other suspensions should fill out the Non-ALS Hearing Request form.

Drivers must wait for their appeal window to open before submitting the appeal request form. An early application can result in an automatic denial. The only offense that doesn’t have a mandatory waiting period is a license suspension due to points. Drivers with licenses suspended due to points can immediately submit an appeal request after completing an approved defensive driving course and paying appropriate fees. Drivers can pay fees through the online portal, by mail, or at a DDS Customer Service Center.

How Much Is it to Reinstate Your License in Georgia

Fees for reinstating a license can vary by the offense, and whenever you are in doubt, it’s best to contact Driver Services or a trusted attorney. Generally, the fees for reinstating a license are as follows:

1. First offenses: $210 or $200 if paid by mail.
2. Second offense: $310 or $300 if paid by mail.
3. Third offense and above: $410 or $400 if paid by mail.