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

O.C.G.A. § 40-5-63 (2019)

Periods of suspension for certain convictions of Code Section 40-5-54 or 40-6-391; conditions to return of license

✓ 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) 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; and further provided that the department shall treat each conviction received in the order in which said convictions are processed even if it is not the order in which said offenses occurred: (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 12 months. At the end of 120 days, the person may apply to the department for early 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 and pays a restoration fee of $210.00 or $200.00 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 course approved by the commissioner pursuant to Code Section 40-5-83 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 three years. At the end of 120 days, the person may apply to the department for reinstatement of his or her 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 and pays a restoration fee of $210.00 or $200.00 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 course approved by the commissioner pursuant to Code Section 40-5-83 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, provides proof of installation and maintenance of an ignition interlock device for a period of one year coinciding with the issuance of an ignition interlock device limited driving permit as provided in Code Section 40-5-64.1 unless waived due to financial hardship, and pays the prescribed restoration fee. For

MOTOR VEHICLES & TRAFFIC

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 such license shall be revoked as provided for in paragraphs (1) through (3) 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. (b) The periods of suspension provided for in this Code section shall begin on the date the person is convicted of an offense listed in Code Section 40-5-54 or of violating Code Section 40-6-391. (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. (d)(1) Any person convicted of violating subsection (a) of Code Section 40-6-393 or subsection (b) of Code Section 40-6-394 shall have his or her license suspended for a period of three years. Such person shall not be eligible for early reinstatement of said driver’s license as

provided in this Code section or in Article 4 of this chapter and shall not be eligible for a limited driving permit as provided in Code Section 40-5-64. (2) For purposes of this chapter, an accepted plea of nolo contendere to any violation of Code Section 40-6-393 or 40-6-394 shall constitute a conviction.

History

Code 1933, § 68B-312, enacted by Ga. L. 1975, p. 1008, § 1; Ga. L. 1976, p. 1670, § 1; Ga. L. 1978, p. 225, § 4; Ga. L. 1982, p. 3, § 40; Ga. L. 1982, p. 1601, §§ 1, 2; Ga. L. 1983, p. 3, § 29; Ga. L. 1983, p. 487, § 2; Ga. L. 1983, p. 1000, § 6; Ga. L. 1985, p. 149, § 40; Ga. L. 1985, p. 758, § 7; Ga. L. 1987, p. 1082, § 4; Ga. L. 1989, p. 1698, § 2; Ga. L. 1989, p. 14, § 40; Ga. L. 1990, p. 2048, § 4; Ga. L. 1991, p. 1886, § 3; Ga. L. 1992, p. 779, § 20; Ga. L. 1992, p. 2564, § 2; Ga. L. 1992, p. 2746, § 2; Ga. L. 1992, p. 2785, §§ 9, 10; Ga. L. 1993, p. 940, § 5; Ga. L. 1994, p. 730, § 2; Ga. L. 1997, p. 760, § 16; Ga. L. 1997, p. 1085, § 3; Ga. L. 2000, p. 951, §§ 5-24, 5-25; Ga. L. 2000, p. 1457, § 2; Ga. L. 2001, p. 208, §§ 2-3, 3-3; Ga. L. 2005, p. 334, § 17-15/HB 501; Ga. L. 2006, p. 449, § 9/HB 1253; Ga. L. 2007, p. 47, § 40/SB 103; Ga. L. 2010, p. 932, § 13/HB 396; Ga. L. 2011, p. 355, § 7/HB 269; Ga. L. 2013, p. 878, § 1/HB 407; Ga. L. 2014, p. 710, § 1-12/SB 298; Ga. L. 2015, p. 60, § 4-16/SB 100; Ga. L. 2016, p. 323, § 2-3/HB 205; Ga. L. 2016, p. 443, § 4-5/SB 367; Ga. L. 2019, p. 491, § 2/SB 1.

Annotations

Cross references. License plate revocations, § 40-2-136. Requirement of proof of financial responsibility for the future as prerequisite to restoration of driver’s license to person convicted of offense for which license suspension is mandatory, § 40-9-81. Ignition interlock device requirements, § 42-8-110 et seq. Code Commission notes. Pursuant to Code Section 28-9-5, in 1988, “this paragraph” was substituted for “this subparagraph” in the last sentence of paragraph (a)(2). Pursuant to Code Section 28-9-5, in 1994, “drug related” was substituted for “drug-related” in the beginning of subsection (a).

Editor’s notes. Ga. L. 1990, p. 1154, § 3, effective July 1, 1990, amended former Code Section

Notes of Decisions
Cited in 27 cases (1 in the last 5 years), 1986–2024 · leading case: Payne v. State, 434 S.E.2d 543 (Ga. Ct. App. 1993).
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Payne v. State, 434 S.E.2d 543 (Ga. Ct. App. 1993). · cites it 20× “Former OCGA § 40-5-70 (b) (1) (B) (now codified at OCGA § 40-5-63 (a) (2)). The date of arrest in the case was August 24, 1991, less than three years after the date of his 1988 DUI conviction.”
Worthy v. State, 557 S.E.2d 448 (Ga. Ct. App. 2001). · cites it 8× “Nevertheless, Worthy’s April 5, 2000 DUI conviction resulted in a 12-month license suspension under OCGA § 40-5-63 (a) (1). Although that statute permitted him to apply for reinstatement after 120 days, Worthy could not seek reinstatement until the 120-day period expired.”
Hardison v. Booker, 347 S.E.2d 681 (Ga. Ct. App. 1986). · cites it 17× “Appellant declared appellee an habitual violator pursuant to the provisions of OCGA § 40-5-63 (a) (3), as it existed in 1984.”
State v. Chun, 594 S.E.2d 732 (Ga. Ct. App. 2004). · cites it 4× “See OCGA §§ 40-5-63 (a) (1); 40-5-67.1 (b) (2); 40-6-391 (a) (5).”
State v. Rocco, 384 S.E.2d 183 (Ga. 1989). · cites it 6× “1 Exceptions to OCGA § 17-7-95 (c) are found in OCGA § 40-5-63 (a) (2) and OCGA § 40-5-58 (d).”
Durrance v. State, 738 S.E.2d 692 (Ga. Ct. App. 2013). · cites it 4× “Here, Durrance’s driver’s license was suspended by operation of law under OCGA § 40-5-63 (a) (1), which provides for a 12-month suspension upon the first DUI conviction.”
Whittington v. State, 361 S.E.2d 211 (Ga. Ct. App. 1987). · cites it 4× “” Under the provisions of OCGA § 40-5-63 (b), as it existed at the time of appellant’s arrest, “[a]ny suspension made pursuant to Code Section 40-5-55 shall be for six months; provided, however, that, where a person who has refused to submit to a test or tests provided for in…”
Dozier v. Jackson, 638 S.E.2d 337 (Ga. Ct. App. 2006). · cites it 10× “The Georgia Department of Driver Services (“the Department”) thereafter suspended Jackson’s license for three years for having two separate DUI convictions pursuant to OCGA§ 40-5-63 (a) (the “License Suspension Statute”).”
In the Interest of R. M., 699 S.E.2d 811 (Ga. Ct. App. 2010). · cites it 10× “The driver’s license of one convicted of a violation of the DUI statute 7 is suspended by operation of law under OCGA § 40-5-63 (a), which provides for a 12-month suspension upon the first DUI conviction.”
Sechler v. State, 730 S.E.2d 142 (Ga. Ct. App. 2012). · cites it 2× “See OCGA§ 40-5-63 (a) (2). Consequently, the superior court was authorized to find that Sechler was not prejudiced as a result of undue anxiety or concern.”
State v. Johnson, 499 S.E.2d 56 (Ga. 1998). · cites it 2× “OCGA § 40-5-63 (a) (1). 2 Class rosters are among the documents which schools providing DUI education/intervention programs are required to submit to DHR.”
United States v. Charles Woods, 385 F. App'x 914 (11th Cir. 2010). · cites it 3× “See O.C.G.A. §§ 40-5-63, 40-5-75(a)(1), (e). Assuming arguendo that Woods’s license was suspended for only 120 days, the day on which Woods was pulled over and arrested took place 122 days after his license was suspended, and it was the first business day on which he could have…”
Show all 27 citing cases →
— 40-5-63(a) — 1 case
In Re Rm, 699 S.E.2d 811 (Ga. Ct. App. 2010).
— 40-5-63(a)(1) — 1 case
In Re Rm, 699 S.E.2d 811 (Ga. Ct. App. 2010).
— 40-5-63(a)(2) — 1 case
In Re Rm, 699 S.E.2d 811 (Ga. Ct. App. 2010).
— 40-5-63(a)(3) — 1 case
In Re Rm, 699 S.E.2d 811 (Ga. Ct. App. 2010).
— 40-5-63(a)(l) — 1 case
United States v. Charles Woods, 385 F. App'x 914 (11th Cir. 2010). “See O.C.G.A. §§ 40-5-63, 40-5-75(a)(1), (e). Assuming arguendo that Woods’s license was suspended for only 120 days, the day on which Woods was pulled over and arrested took place 122 days after his license was suspended, and it was the first business day on which he could have…”
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