07 LC 29
2797S
The
House Committee on Judiciary Non-civil offers the following substitute to HB
414:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 40 of the Official Code of Georgia Annotated, relating to motor
vehicles, so as to direct certain offenders to complete a DUI Alcohol or Drug
Use Risk Reduction Program within certain time frames; to provide that offenders
may complete a drug court division program as set forth in Code Section 15-1-15
in lieu of a DUI Alcohol or Drug Use Risk Reduction Program for purposes of
certain punishments for repeat DUI offenses and for purposes of driver´s
license reinstatement, issuance, or restoration; to amend Chapter 8 of Title 42
of the Official Code of Georgia Annotated, relating to probation, so as to
provide that offenders may complete a drug court division program as set forth
in Code Section 15-1-15 in lieu of a DUI Alcohol or Drug Use Risk Reduction
Program for purposes of reinstatement of certain drivers´ licenses; to
amend Code Section 52-7-12.6 of the Official Code of Georgia Annotated, relating
to terms of suspension, so as to provide that offenders may complete a drug
court division program as set forth in Code Section 15-1-15 in lieu of a DUI
Alcohol or Drug Use Risk Reduction Program; to provide for related matters; to
provide for an effective date and applicability; to repeal conflicting laws; and
for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
40 of the Official Code of Georgia Annotated, relating to motor vehicles, is
amended by revising subsection (c) of Code Section 40-6-391, relating to driving
under the influence of alcohol, drugs, or other intoxicating substances, as
follows:
"(c)
Every person convicted of violating this Code section shall, upon a first or
second conviction thereof, be guilty of a misdemeanor and, upon a third or
subsequent conviction thereof, be guilty of a high and aggravated misdemeanor
and shall be punished as follows:
(1)
First conviction with no conviction of and no plea of nolo contendere accepted
to a charge of violating this Code section within the previous 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 for
which a conviction is obtained or a plea of nolo contendere is
accepted:
(A)
A fine of not less than $300.00 nor more than $1,000.00, which fine shall not,
except as provided in subsection (g) of this Code section, be subject to
suspension, stay, or probation;
(B)
A period of imprisonment of not less than ten days nor more than 12 months,
which period of imprisonment may, at the sole discretion of the judge, be
suspended, stayed, or probated, except that if the offender´s alcohol
concentration at the time of the offense was 0.08 grams or more, the judge may
suspend, stay, or probate all but 24 hours of any term of imprisonment imposed
under this subparagraph;
(C)
Not less than 40 hours of community service, except that for a conviction for
violation of subsection (k) of this Code section where the person´s alcohol
concentration at the time of the offense was less than 0.08 grams, the period of
community service shall be not less than 20 hours;
(D)
Completion
of
Before or
within 120 days of conviction or release from incarceration,
complete a DUI Alcohol or Drug Use Risk
Reduction Program approved by the Department of Driver Services. The sponsor of
any such program shall provide written notice of such approval to the person
upon enrollment in the program; and
(E)
If the defendant is sentenced to a period of imprisonment for less than 12
months, a period of probation of 12 months less any days during which the
defendant is actually incarcerated;
(2)
For the second conviction within a five-year period of time, 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 for which a
conviction is obtained or a plea of nolo contendere is accepted:
(A)
A fine of not less than $600.00 nor more than $1,000.00, which fine shall not,
except as provided in subsection (g) of this Code section, be subject to
suspension, stay, or probation;
(B)
A period of imprisonment of not less than 90 days nor more than 12 months. The
judge shall probate at least a portion of such term of imprisonment, in
accordance with subparagraph (F) of this paragraph, thereby subjecting the
offender to the provisions of Article 7 of Chapter 8 of Title 42 and to such
other terms and conditions as the judge may impose; provided, however, that the
offender shall be required to serve not less than 72 hours of actual
incarceration;
(C)
Not less than 30 days of community service;
(D)
Completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the
Department of Driver Services
or enrollment
and compliance for a period of six months in a drug court division program as
established pursuant to Code Section
15-1-15. The sponsor of
any such
program
a DUI Alcohol
or Drug Use Risk Reduction Program shall
provide written notice of such approval to the person upon enrollment in the
program;
and
(E)
Undergoing a clinical evaluation as defined in Code Section 40-5-1 and, if
indicated by such evaluation, completion of a substance abuse treatment program
as defined in Code Section
40-5-1;
provided, however, that such evaluation may be waived if the offender has
completed a drug court division program which included a treatment program
approved and registered with the Department of Human Resources multiple DUI
offender program as provided in subsection (a.1) of Code Section
37-7-2; and
(F)
A period of probation of 12 months less any days during which the defendant is
actually incarcerated; or
(3)
For the third or subsequent conviction within a five-year period of time, 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 for
which a conviction is obtained or a plea of nolo contendere is
accepted:
(A)
A fine of not less than $1,000.00 and not more than $5,000.00, which fine shall
not, except as provided in subsection (g) of this Code section, be subject to
suspension, stay, or probation;
(B)
A mandatory period of imprisonment of not less than 120 days nor more than 12
months. The judge shall probate at least a portion of such term of
imprisonment, in accordance with subparagraph (F) of this paragraph, thereby
subjecting the offender to the provisions of Article 7 of Chapter 8 of Title 42
and to such other terms and conditions as the judge may impose; provided,
however, that the offender shall be required to serve not less than 15 days of
actual incarceration;
(C)
Not less than 30 days of community service;
(D)
Completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the
Department of Driver Services
or enrollment
and compliance for a period of six months in a drug court division program as
established pursuant to Code Section
15-1-15. The sponsor of
any such
program
a DUI Alcohol
or Drug Use Risk Reduction Program shall
provide written notice of such approval to the person upon enrollment in the
program;
and
(E)
Undergoing a clinical evaluation as defined in Code Section 40-5-1 and, if
indicated by such evaluation, completion of a substance abuse treatment program
as defined in Code Section
40-5-1;
provided, however, that such evaluation may be waived if the offender has
completed a drug court division program which included a treatment program
approved and registered with the Department of Human Resources multiple DUI
offender program as provided in subsection (a.1) of Code Section
37-7-2; and
(F)
A period of probation of 12 months less any days during which the defendant is
actually incarcerated.
For
the purpose of imposing a sentence under this subsection, a plea of nolo
contendere or an adjudication of delinquency based on a violation of this Code
section shall constitute a conviction."
SECTION
2.
Said
title is further amended by revising subparagraph (e)(1)(C) of Code Section
40-5-58, relating to habitual violators and probationary licenses, as
follows:
"(C)
Such person has successfully completed, prior to the issuance of the
probationary driver´s license, a defensive driving
course,
enrollment and compliance with a drug court division program as set forth in
Code Section 15-1-15, or a DUI Alcohol or
Drug Use Risk Reduction Program as designated by the
department;"
SECTION
3.
Said
title is further amended by revising subsection (b) of Code Section 40-5-62,
relating to periods of revocation, conditions to restoration of license or
issuance of new license, as follows:
"(b)
The department shall not issue a new license nor restore a person´s
suspended license or nonresident´s operating privilege unless and until it
is satisfied after investigation of the character, habits, and driving ability
of such person that it will be safe to grant the privilege of driving a motor
vehicle on the public highways. Notwithstanding subsection (a) of this Code
section or any other provision of this title, the department shall not issue a
new license to any person whose license was revoked as a habitual violator for
three violations of Code Section 40-6-391 within a five-year period unless and
until such person submits proof of completion of an approved DUI Alcohol or Drug
Use Risk Reduction Program
or enrollment
and compliance with a drug court division program as set forth in Code Section
15-1-15. The department may issue rules
and regulations providing for reinstatement hearings. In the case of a
revocation pursuant to Code Section 40-5-58, the department shall charge a fee
of $210.00 or $200.00 if processed by mail in addition to the fee prescribed by
Code Section 40-5-25 to issue a new driver´s license to a person whose
driver´s license has been revoked."
SECTION
4.
Said
title is further amended by revising subsections (a) and (c) of Code Section
40-5-63, relating to periods of suspension and conditions to return license, as
follows:
"(a)
The driver´s license of any person convicted of an offense listed in Code
Section 40-5-54 or of violating Code Section 40-6-391, unless the driver´s
license has been previously suspended pursuant to Code Sections 40-5-67.1 and
40-5-67.2, shall by operation of law be suspended and such suspension shall be
subject to the following terms and conditions; provided, however, that any
person convicted of a drug related offense pursuant to Code Section 40-6-391
shall be governed by the suspension requirements of Code Section 40-5-75; and
further provided that each charge for which a conviction was obtained shall be
treated as a separate transaction for the purpose of imposing a license
suspension hereunder, even if said convictions arise from a single
incident:
(1)
Upon the first conviction of any such offense, with no arrest and conviction of
and no plea of nolo contendere accepted to such offense within the previous five
years, as measured from the dates of previous arrests for which convictions were
obtained to the date of the current arrest for which a conviction is obtained,
the period of suspension shall be for 12 months. At the end of 120 days, the
person may apply to the department for reinstatement of said driver´s
license. Such license shall be reinstated if such person submits proof of
completion of a DUI Alcohol or Drug Use Risk Reduction Program and pays a
restoration fee of
$210 or
$200
$210.00 or
$200.00 when such reinstatement is
processed by mail unless such conviction was a recidivist conviction in which
case the restoration fee shall be $510.00 or $500.00 when such reinstatement is
processed by mail, provided that, if such license was suspended as a result of a
conviction of an offense listed in Code Section 40-5-54, such license shall be
reinstated if such person submits proof of completion of either a defensive
driving program approved by the
department
or a DUI Alcohol or Drug Use Risk
Reduction Program and pays the prescribed restoration fee. A driver´s
license suspended as a result of a conviction of a violation of Code Section
40-6-391 shall not become valid and shall remain suspended until such person
submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program
and pays the prescribed restoration fee. For purposes of this paragraph, an
accepted plea of nolo contendere to an offense listed in Code Section 40-5-54 by
a person who is under 18 years of age at the time of arrest shall constitute a
conviction. For the purposes of this paragraph only, an accepted plea of nolo
contendere by a person 21 years of age or older, with no conviction of and no
plea of nolo contendere accepted to a charge of violating Code Section 40-6-391
within the previous five years, as measured from the dates of previous arrests
for which convictions were obtained or pleas of nolo contendere accepted to the
date of the current arrest for which a plea of nolo contendere is accepted,
shall be considered a conviction, and the court having jurisdiction shall
forward, as provided in Code Section 40-6-391.1, the record of such disposition
of the case to the department and the record of such disposition shall be kept
on file for the purpose of considering and counting such accepted plea of nolo
contendere as a conviction under paragraphs (2) and (3) of this
subsection;
(2)
Upon the second conviction of any such offense within five years, as measured
from the dates of previous arrests for which convictions were obtained to the
date of the current arrest for which a conviction is obtained, the period of
suspension shall be for three years. At the end of 120 days, the person may
apply to the department for reinstatement of said driver´s license; except
that if such license was suspended as a result of a second conviction of a
violation of Code Section 40-6-391 within five years, the person shall not be
eligible to apply for license reinstatement until the end of 18 months. Such
license shall be reinstated if such person submits proof of completion of a DUI
Alcohol or Drug Use Risk Reduction Program
or enrollment
and compliance for a period of six months in a drug court division program as
set forth in Code Section 15-1-15 and pays
a restoration fee of
$210 or
$200
$210.00 or
$200.00 when such reinstatement is
processed by mail unless such conviction was a recidivist conviction in which
case the restoration fee shall be $510.00 or $500.00 when processed by mail,
provided that, if such license was suspended as a result of a conviction of an
offense listed in Code Section 40-5-54, such license shall be reinstated if such
person submits proof of completion of
either
a defensive driving program approved by the
department,
or
a DUI Alcohol or Drug Use Risk Reduction
Program, or
enrollment and compliance for a period of six months in a drug court division
program as set forth in Code Section
15-1-15 and pays the prescribed
restoration fee. A driver´s license suspended as a result of a conviction
of a violation of Code Section 40-6-391 shall not become valid and shall remain
suspended until such person submits proof of completion of a DUI Alcohol or Drug
Use Risk Reduction Program
or enrollment
and compliance for a period of six months in a drug court division program as
set forth in Code Section 15-1-15 and pays
the prescribed restoration fee. For purposes of this paragraph, a plea of nolo
contendere and all previous accepted pleas of nolo contendere to an offense
listed in Code Section 40-5-54 within such five-year period of time shall
constitute a conviction. For the purposes of this paragraph, a plea of nolo
contendere to a charge of violating Code Section 40-6-391 and all prior accepted
pleas of nolo contendere 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 for which a plea of nolo
contendere is accepted, shall be considered and counted as convictions;
or
(3)
Upon the third conviction of any such offense within five years, as measured
from the dates of previous arrests for which convictions were obtained to the
date of the current arrest for which a conviction is obtained, such person shall
be considered a habitual violator, and said license shall be revoked as provided
for in paragraph (1) of subsection (a) of Code Section 40-5-62. For purposes of
this paragraph, a plea of nolo contendere and all previous accepted pleas of
nolo contendere to an offense listed in Code Section 40-5-54 within such
five-year period shall constitute a conviction. For the purposes of this
paragraph, a plea of nolo contendere and all prior accepted pleas of nolo
contendere to a charge of violating Code Section 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 for
which a plea of nolo contendere is accepted, shall be considered and counted as
convictions."
"(c)
In all cases in which the department may return a license to a driver prior to
the termination of the full period of suspension, the department may require
such tests of driving skill and knowledge as it determines to be proper, and the
department´s discretion shall be guided by the driver´s past driving
record and performance, and the driver shall pay the applicable restoration fee.
In addition to any other requirement the department may impose, a driver´s
license suspended as a result of a conviction of a violation of Code Section
40-6-391 shall not become valid, shall remain suspended, and shall not be
returned to such driver or otherwise reinstated until such person submits proof
of completion of a DUI Alcohol or Drug Use Risk Reduction Program
or enrollment
and compliance for a period of six months in a drug court division program as
set forth in Code Section
15-1-15."
SECTION
5.
Said
title is further amended by revising subsection (a) of Code Section 40-5-67.2,
relating to terms and conditions for suspension of license under subsection (c)
of Code Section 40-5-67.1, as follows:
"(a)
Any driver´s license required to be suspended under subsection (c) of Code
Section 40-5-67.1 shall be suspended subject to the following terms and
conditions:
(1)
Upon the first suspension pursuant to subsection (c) of Code Section 40-5-67.1
within the previous five years, as measured from the dates of previous arrests
for which a suspension was obtained to the date of the current arrest for which
a suspension is obtained, the period of suspension shall be for one year. Not
sooner than 30 days following the effective date of suspension, the person may
apply to the department for reinstatement of his or her driver´s license.
Such license shall be reinstated if such person submits proof of completion of a
DUI Alcohol or Drug Use Risk Reduction Program
or enrollment
and compliance for a period of six months in a drug court division program as
set forth in Code Section 15-1-15 and pays
a restoration fee of
$210 or
$200
$210.00 or
$200.00 when such reinstatement is
processed by mail unless such conviction was a recidivist conviction in which
case the restoration fee shall be $510.00 or $500.00 when processed by mail. A
driver´s license suspended pursuant to Code Section 40-5-67.1 shall not
become valid and shall remain suspended until such person submits proof of
completion of a DUI Alcohol or Drug Use Risk Reduction Program
or enrollment
and compliance for a period of six months in a drug court division program as
set forth in Code Section 15-1-15 and pays
the prescribed restoration
fee.;
(2)
Upon the second suspension pursuant to subsection (c) of Code Section 40-5-67.1
within five years, as measured from the dates of previous arrests for which
suspensions were obtained to the date of the current arrest for which a
suspension is obtained, the period of suspension shall be for three years. The
person shall be eligible to apply to the department for license reinstatement
not sooner than 18 months following the effective date of suspension. Such
license shall be reinstated if such person submits proof of completion of a DUI
Alcohol or Drug Use Risk Reduction Program
or enrollment
and compliance for a period of six months in a drug court division program as
set forth in Code Section 15-1-15 and pays
a restoration fee of
$210 or
$200
$210.00 or
$200.00 when such reinstatement is
processed by mail unless such conviction was a recidivist conviction in which
case the restoration fee shall be $510.00 or $500.00 when processed by mail. A
driver´s license suspended pursuant to Code Section 40-5-67.1 shall not
become valid and shall remain suspended until such person submits proof of
completion of a DUI Alcohol or Drug Use Risk Reduction Program
or enrollment
and compliance for a period of six months in a drug court division program as
set forth in Code Section 15-1-15 and pays
the prescribed restoration
fee.;
and
(3)
Upon the third or subsequent suspension pursuant to subsection (c) of Code
Section 40-5-67.1 within five years, as measured from the dates of previous
arrests for which suspensions were obtained to the date of the current arrest
for which a suspension is obtained, the period of suspension shall be for five
years. A driver´s license suspended pursuant to Code Section 40-5-67.1
shall not become valid and shall remain suspended until such person submits
proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program
or enrollment
and compliance for a period of six months in a drug court division program as
set forth in Code Section 15-1-15 and pays
the prescribed restoration fee. The driver may apply for a probationary license
pursuant to Code Section 40-5-58 after the expiration of two years from the
effective date of suspension."
SECTION
6.
Said
title is further amended by revising subsections (a) and (d) of Code Section
40-5-75, relating to suspension of licenses by operation of law, as
follows:
"(a)
The driver´s license of any person convicted of any violation of the
Georgia Controlled Substances Act, including, but not limited to, possession,
distribution, manufacture, cultivation, sale, transfer of, trafficking in, the
attempt or conspiracy to possess, distribute, manufacture, cultivate, sell,
transfer or traffic in a controlled substance or marijuana, or the law of any
other jurisdiction shall by operation of law be suspended and such suspension
shall be subject to the following terms and conditions:
(1)
Upon the first conviction of any such offense, with no arrest and conviction of
and no plea of nolo contendere accepted to such offense within the previous five
years, as measured from the dates of previous arrests for which convictions were
obtained to the date of the current arrest for which a conviction is obtained,
the period of suspension shall be for not less than 180 days. At the end of 180
days, the person may apply to the department for reinstatement of his or her
driver´s license. Such license shall be reinstated only if the person
submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program
and pays to the Department of Driver Services a restoration fee of
$210 or
$200
$210.00 or
$200.00 when such reinstatement is
processed by mail unless such conviction was a recidivist conviction in which
case the restoration fee shall be $510.00 or $500.00 when such reinstatement is
processed by mail. For purposes of this paragraph, a plea of nolo contendere by
a person to a charge of any drug related offense listed in this subsection
shall, except as provided in subsection (c) of this Code section, constitute a
conviction;
(2)
Upon the second conviction of any such offense within five years, as measured
from the dates of previous arrests for which convictions were obtained to the
date of the current arrest for which a conviction is obtained, the period of
suspension shall be for three years, provided that after one year from the date
of the conviction the person may apply to the department for reinstatement of
his or her driver´s license by submitting proof of completion of a DUI
Alcohol or Drug Use Risk Reduction Program
or enrollment
and compliance for a period of six months in a drug court division program as
set forth in Code Section 15-1-15 and
paying to the Department of Driver Services a restoration fee of
$210 or
$200
$210.00 or
$200.00 when such reinstatement is
processed by mail unless such conviction was a recidivist conviction in which
case the restoration fee shall be $510.00 or $500.00 when such reinstatement is
processed by mail. For purposes of this paragraph, a plea of nolo contendere
and all previous pleas of nolo contendere within such five-year period of time
shall constitute a conviction; and
(3)
Upon the third conviction of any such offense within five years, as measured
from the dates of previous arrests for which convictions were obtained to the
date of the current arrest for which a conviction is obtained, such
person´s license shall be suspended for a period of five years. At the end
of two years, the person may apply to the department for a three-year driving
permit upon compliance with the following conditions:
(A)
Such person has not been convicted or pleaded nolo contendere to any drug
related offense, including driving under the influence, for a period of two
years immediately preceding the application for such permit;
(B)
Such person submits proof of completion of a licensed drug treatment program.
Such proof shall be submitted within two years of the license suspension and
prior to the issuance of the permit. Such licensed drug treatment program shall
be paid for by the offender. The offender must pay a permit fee of $25.00 to
the department;
(C)
Such person submits proof of financial responsibility as provided in Chapter 9
of this title; and
(D)
Refusal to issue such permit would cause extreme hardship to the applicant. For
the purposes of this subparagraph, the term 'extreme hardship' means that the
applicant cannot reasonably obtain other transportation, and, therefore, the
applicant would be prohibited from:
(i)
Going to his or her place of employment or performing the normal duties of his
or her occupation;
(ii)
Receiving scheduled medical care or obtaining prescription drugs;
(iii)
Attending a college or school at which he or she is regularly enrolled as a
student; or
(iv)
Attending regularly scheduled sessions or meetings of support organizations for
persons who have addiction or abuse problems related to alcohol or other drugs,
which organizations are recognized by the commissioner."
"(d)
Application for reinstatement of a driver´s license under paragraph (1)
or
(2) of subsection (a) of this Code section
shall be made on such forms as the commissioner may prescribe and shall be
accompanied by proof of completion of a DUI Alcohol or Drug Use Risk Reduction
Program and a restoration fee of $210.00 or $200.00 when such reinstatement is
processed by mail.
Application
for reinstatement of a driver´s license under paragraph (2) of subsection
(a) of this Code section shall be made on such forms as the commissioner may
prescribe and shall be accompanied by proof of completion of a DUI Alcohol or
Drug Use Risk Reduction Program or enrollment and compliance for a period of six
months in a drug court division program as set forth in Code Section 15-1-15 and
a restoration fee of $210.00 or $200.00 when such reinstatement is processed by
mail. Application for a three-year driving
permit under paragraph (3) of subsection (a) of this Code section shall be made
on such form as the commissioner may prescribe and shall be accompanied by proof
of completion of an approved residential drug treatment program and a fee of
$25.00 for such permit."
SECTION
7.
Chapter
8 of Title 42 of the Official Code of Georgia Annotated, relating to probation,
is amended by revising subsection (b) of Code Section 42-8-111, relating to
court ordered installation of ignition interlock devices, as
follows:
"(b)
Any resident of this state who is ordered to use an ignition interlock device,
as a condition of probation, shall complete the DUI Alcohol or Drug Use Risk
Reduction Program
or enrollment
and compliance with a drug court division program as set forth in Code Section
15-1-15 and submit to the court or
probation department a certificate of completion of the DUI Alcohol or Drug Use
Risk Reduction Program
or enrollment
and compliance with a drug court division program as set forth in Code Section
15-1-15 and certification of installation
of a certified ignition interlock device to the extent required by subsection
(a) of this Code section."
SECTION
8.
Said
chapter is further amended by revising paragraph (2) of subsection (b) of Code
Section 42-8-112, relating to proof of compliance required for reinstatement of
certain drivers´ licenses and for obtaining a probationary license, as
follows:
"(2)
If the person subject to court ordered use of an ignition interlock device as a
condition of probation is authorized under Code Section 40-5-63 or 40-5-67.2 to
apply for reinstatement of his or her driver´s license during the period of
suspension, such person shall, prior to applying for reinstatement of the
license, have an ignition interlock device installed and shall maintain such
ignition interlock device in a motor vehicle or vehicles to the extent required
by subsection (a) of Code Section 42-8-111 for a period of six months running
concurrently with that of an ignition interlock device limited driving permit,
which permit shall not be issued until such person submits to the department
proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program
or enrollment
and compliance with a drug court division program as set forth in Code Section
15-1-15, proof of having undergone any
clinical evaluation and of having enrolled in any substance abuse treatment
program required by Code Section 40-5-63.1, and proof of installation of an
ignition interlock device on a vehicle or vehicles to the extent required by
subsection (a) of Code Section 42-8-111. Such a person may apply for and be
issued an ignition interlock device limited driving permit at the end of 12
months after the suspension of the driver´s license. At the expiration of
such six-month ignition interlock device limited driving permit, the driver may,
if otherwise qualified, apply for reinstatement of a regular driver´s
license upon payment of the fee provided in Code Section
40-5-25."
SECTION
9.
Code
Section 52-7-12.6 of the Official Code of Georgia Annotated, relating to terms
of suspension, is amended by revising subsection (a) as follows:
"(a)
Any operator´s privilege to operate a vessel on the waters of this state
required to be suspended under subsection (d) of Code Section 52-7-12.5 shall be
suspended subject to the following terms and conditions:
(1)
Upon the first suspension pursuant to subsection (d) of Code Section 52-7-12.5
within the previous five years, as measured from the dates of previous arrests
for which a suspension was obtained to the date of the current arrest for which
a suspension is obtained, the period of suspension shall be for one year. Not
sooner than 30 days following the effective date of suspension, the person may
apply to the department for reinstatement of his or her operator´s
privilege. Such privilege shall be reinstated if such person submits proof of
completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the
Department of Driver Services. An operator´s privilege suspended pursuant
to Code Section 52-7-12.5 shall remain suspended until such person submits proof
of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by
the Department of Driver Services;
(2)
Upon the second suspension pursuant to subsection (d) of Code Section 52-7-12.5
within five years, as measured from the dates of previous arrests for which
suspensions were obtained to the date of the current arrest for which a
suspension is obtained, the period of suspension shall be for three years. Not
sooner than 120 days following the effective date of suspension, the person may
apply to the department for reinstatement of the person´s operator´s
privilege. Such privilege shall be reinstated if such person submits proof of
completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the
Department of Driver Services
or enrollment
and compliance with a drug court division program as set forth in Code Section
15-1-15. An operator´s privilege
suspended pursuant to Code Section 52-7-12.5 shall remain suspended until such
person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction
Program approved by the Department of Driver Services
or enrollment
and compliance with a drug court division program as set forth in Code Section
15-1-15; and
(3)
Upon the third or subsequent suspension pursuant to subsection (d) of Code
Section 52-7-12.5 within five years, as measured from the dates of previous
arrests for which suspensions were obtained to the date of the current arrest
for which a suspension is obtained, the period of suspension shall be for not
less than five years and until such person submits proof of completion of a DUI
Alcohol or Drug Use Risk Reduction Program approved by the Department of Driver
Services or
enrollment and compliance with a drug court division program as set forth in
Code Section 15-1-15."
SECTION
10.
This
Act shall become effective on July 1, 2007, and apply to offenses committed on
or after that date.
SECTION
11.
All
laws and parts of laws in conflict with this Act are repealed.