O.C.G.A.
O.C.G.A.

O.C.G.A. § 40-5-57.1 (2019)

Suspension of licenses of persons under 21 years for certain offenses; suspension of licenses of persons under 18 years for certain point accumulation

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) Notwithstanding any other provision of this chapter, the driver’s license of any person under 21 years of age convicted of hit and run or leaving the scene of an accident in violation of Code Section 40-6-270, racing on highways or streets, using a motor vehicle in fleeing or attempting to elude an officer, reckless driving, any offense for which four or more points are assessable under subsection (c) of Code Section 40-5-57, or a violation of Code Section 40-6-391 shall be suspended by

MOTOR VEHICLES & TRAFFIC

operation of law as provided by this Code section. A plea of nolo contendere shall be considered a conviction for the purposes of this subsection. The court in which such conviction is had shall require the surrender to it of the driver’s license then held by the person so convicted, and the court shall thereupon forward such license and a copy of the disposition to the department within ten days after the conviction. The department shall send notice of any suspension imposed pursuant to this subsection via certified mail to the address reflected on its records as the person’s mailing address. (b) The driver’s license of any person under 18 years of age who has accumulated a violation point count of four or more points under Code Section 40-5-57 in any consecutive 12 month period shall be suspended by the department as provided by subsection (c) of this Code section. A plea of nolo contendere shall be considered a conviction for purposes of this subsection. Notice of suspension shall be given by certified mail or statutory overnight delivery, return receipt requested, to the address reflected in the department’s records as the driver’s mailing address or, in lieu thereof, notice may be given by personal service upon such person. Notice given by certified mail or statutory overnight delivery, return receipt requested, mailed to the person’s last known address shall be prima-facie evidence that such person received the required notice. (c) A person whose driver’s license has been suspended under subsection (a) or (b) of this Code section shall: (1) Subject to the requirements of subsection (d) of this Code section and except as otherwise provided by paragraph (2) of this subsection: (A) Upon a first such suspension, be eligible to apply for license reinstatement and, subject to payment of required fees, have his or her driver’s license reinstated after six months; and (B) Upon a second or subsequent such suspension, be eligible to apply for license reinstatement and, subject to payment of required fees, have his or her driver’s license reinstated after 12 months; or (2)(A) Upon the first conviction of a violation of Code Section 40-6-391, 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, have his or her license suspended for a period of six months unless the driver’s blood alcohol concentration at the time of the offense was 0.08 grams or more or the person has previously been subject to a suspension pursuant

to paragraph (1) of this subsection, in which case the period of suspension shall be for 12 months. (B) Upon the second conviction of a violation of Code Section 40-6-391 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, have his or her license suspended for a period of 18 months. (C) 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, be considered a habitual violator, and such person’s license shall be revoked as provided for in Code Section 40-5-58. (c.1) In any case where a person’s driver’s license was administratively suspended as a result of a violation of Code Section 40-6-391 for which the person’s driver’s license has been suspended pursuant to subsection (c) of this Code section, the administrative license suspension period and the license suspension period provided by this Code section may run concurrently, and any completed portion of such administrative license suspension period shall apply toward completion of the license suspension period provided by this Code section. (d)(1) Any driver’s license suspended under subsection (a) or (b) of this Code section for commission of any offense other than violation of Code Section 40-6-391 shall not become valid and shall remain suspended until such person submits proof of completion of a defensive driving course approved by the commissioner pursuant to Code Section 40-5-83 and pays the applicable reinstatement fee. Any driver’s license suspended under subsection (a) of this Code section for commission 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 applicable reinstatement fee. (2) The reinstatement fee for a first such suspension shall be $210.00 or $200.00 if paid by mail. The reinstatement fee for a second or subsequent such suspension shall be $310.00 or $300.00 if paid by mail. (e) A suspension provided for in subsection (a) of this Code section shall be imposed based on the person’s age on the date of the conviction giving rise to the suspension.

History

Code 1981, § 40-5-57.1, enacted by Ga. L. 1997, p. 760, § 15; Ga. L. 2000, p. 951, § 5-20; Ga. L. 2000, p. 1457, § 1; Ga. L.

2000, p. 1589, § 3; Ga. L. 2001, p. 184, §§ 2-2, 3-2; Ga. L. 2001, p. 208, §§ 2-2, 3-2; Ga. L. 2002, p. 415, § 40; Ga. L. 2004, p. 471, § 3; Ga. L. 2005, p. 334, §§ 17-13,

MOTOR VEHICLES & TRAFFIC

17-14/HB 501; Ga. L. 2009, p. 679, § 4/HB 160; Ga. L. 2012, p. 72, § 3/SB 236; Ga. L. 2014, p. 710, § 1-9/SB 298; Ga. L. 2015, p. 60, § 4-15/SB 100.

Annotations

Editor’s notes. Ga. L. 1990, p. 2048, § 4, repealed the former version of this Code section and redesignated its provisions as subsections (d), (e), and (f) of Code Section 40-5-57, effective January 1, 1991. The former version of this Code section was based on Ga. L. 1985, p. 758, § 4, and concerned periods of suspension; department’s and commissioner’s discretion in early return of license; and proof of insurance. Ga. L. 1997, p. 760, § 1, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘Teen-age and Adult Driver Responsibility Act.’” Ga. L. 1997, p. 760, § 27, not codified by the General Assembly, provides that the amendment made by the Act to this Code section shall apply to offenses committed

on or after July 1, 1997, and shall not apply to offenses committed prior to that date. Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provides that the amendment to this Code section is applicable with respect to notices delivered on or after July 1, 2000. Ga. L. 2015, p. 60, § 6-1/SB 100, not codified by the General Assembly, provides that: “Section 4-9 of Part IV of this Act shall become effective on January 1, 2016, and all other parts of this Act shall become effective on July 1, 2015, and shall apply to offenses which occur on or after that date.” Law reviews. For article commenting on the enactment of this Code section, see 14 Georgia St. U.L. Rev. 203 (1997). For note on the 2001 amendment to this Code section, see 18 Georgia St. U.L. Rev. 205 (2001).

RESEARCH REFERENCES ALR. Validity, construction, and application of state “zero tolerance” laws relating to

underage drinking A.L.R.6th 623.

and

driving,

Notes of Decisions
Cited in 7 cases, 1991–2020 · leading case: In the Interest of R. M., 699 S.E.2d 811 (Ga. Ct. App. 2010).
Sort: Relevance Newest Treatment
In the Interest of R. M., 699 S.E.2d 811 (Ga. Ct. App. 2010). · cites it 20× “” 5 Relying upon OCGA § 40-5-57.1 (b) (2) (B) (i), 6 the trial court determined that the notice was misleading because it “clearly overstates the penalty for a person whose alcohol concentration is less than .”
In Re Rm, 699 S.E.2d 811 (Ga. Ct. App. 2010). · cites it 20× “[10] OCGA § 40-5-57.1, upon which the trial court ruled, governs the suspension of the driver's license of drivers under 21 who are convicted of a DUI violation.”
Dozier v. Hanes, 696 S.E.2d 503 (Ga. Ct. App. 2010). · cites it 12× “Hanes was under eighteen at the time of the two citations, and pursuant to OCGA § 40-5-57.1, on February 19, 2009, Dozier, in his capacity as Commissioner, issued Hanes a notice of license suspension pursuant to OCGA § 40-5-57.”
Horne v. Massey, 605 S.E.2d 368 (Ga. Ct. App. 2004). · cites it 10× “Marshall Horne, Commissioner of the Georgia Department of Motor Vehicle Safety (the “DMVS”), appeals the order of the Superior Court of Dougherty County concluding that OCGA § 40-5-57.1 (a) did not authorize the DMVS to suspend the license of a person over the age of 21 years…”
Bowman v. Parrott, 408 S.E.2d 115 (Ga. Ct. App. 1991). · cites it 12× “In June 1989, when the Commissioner issued the second and third suspensions of Parrott’s driver’s license, a related statute, OCGA § 40-5-57.1 (a), 1 provided for the periods of suspension of a Georgia driver’s license for accumulation of the “requisite points,” i.”
In the Interest of A.L., a Child (Ga. Ct. App. 2020). · cites it 2× “See OCGA § 40-5-57 (c) (1) (A) (viii) (6 points for exceeding the speed limit by 34 mph or more); OCGA § 40-5-57.1 (b) (license shall be suspended where person age 18 or less accumulates four or more points in any 12 month period).”
In the Interest of R. G., 612 S.E.2d 94 (Ga. Ct. App. 2005). · cites it 2× “shall be suspended by the department as provided by this Code Section.” R. G. was charged with exceeding the speed limit by 29 mph, which is a four-point violation under OCGA § 40-5-57 (c) (1) (A).”
— 40-5-57.1(a) — 1 case
In Re Rm, 699 S.E.2d 811 (Ga. Ct. App. 2010). “[10] OCGA § 40-5-57.1, upon which the trial court ruled, governs the suspension of the driver's license of drivers under 21 who are convicted of a DUI violation.”
— 40-5-57.1(b)(2)(B)(i) — 1 case
In Re Rm, 699 S.E.2d 811 (Ga. Ct. App. 2010). “[10] OCGA § 40-5-57.1, upon which the trial court ruled, governs the suspension of the driver's license of drivers under 21 who are convicted of a DUI violation.”
— 40-5-57.1(b)(2)(B)(ii) — 1 case
In Re Rm, 699 S.E.2d 811 (Ga. Ct. App. 2010). “[10] OCGA § 40-5-57.1, upon which the trial court ruled, governs the suspension of the driver's license of drivers under 21 who are convicted of a DUI violation.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.