NEW Georgia DUI Ignition Interlock Law – 2nd DUI in 5 Years

GA Driver’s License Suspension followed by Interlock Availability

Anyone who has a “second in five” DUI conviction in Georgia must look at the DATE OF ARREST to determine for how long he or she will be TOTALLY suspended. A change in GA DUI laws that went into effect on July 1, 2015, sets forth the minimum amount of time a person convicted of a second offense DUI must comply with Georgia’s ignition interlock driving permit law, after getting limited driving privileges. These restrictions are far more stringent and restrictive than the limited privileges for a first offense DUI offender in Georgia.

The “hard suspension” period (no driving privileges of ANY type) will be based upon the law in effect on the date of the new arrestincident that triggered the second DUI conviction within five (5) years. This new law is found in O.C.G.A. 40-6-391(a)(2).

The table below reviews DUI laws and possible license suspensions based on the number of offenses. The table also displays when a person convicted of DUI may be eligible for an interlock limited permit, provided all other conditions of the conviction have been met.

Offense Date of New Arrest Length of Suspension When Interlock Limited Permit becomes Available
2nd DUI Conviction in 5 years 12/31/2012 or earlier 12 months No permit of ANY kind permitted for these drivers for the first 12 months
2nd DUI Conviction in 5 years 01/01/2015-06/30/2015 18 months After 120 days; interlock required for 8 months
2nd DUI Conviction in 5 years On or after 07/01/2015 18 months After 120 days; interlock required for 12 months

Copyright 2015. William C. Head. All Rights Reserved.