How to Get Your License Back After a DWI in Georgia

Under Georgia state laws, it is illegal for a person to drive or be in actual physical control of a moving vehicle while under the influence of alcohol, drugs, or other intoxicating substances (O.C.G.A. § 40-6-39). The penalties for a Georgia DUI offense may include fines, automatic license suspension, jail time, community service, and mandatory DUI education or treatment programs. In Georgia, the Department of Driver Services (DDS) and the courts penalize DUI.

Step 1: Know the Terms of Your Suspension

The Georgia Department of Driver Services (DDS) handles Administrative License Suspensions (ALS) after a DUI arrest. The court may impose additional license suspensions if the DUI results in a conviction. In Georgia, the duration of a license suspension for a DUI depends on the nature of the violation and previous offenses. Below is a breakdown of various DUI offenses with applicable waiting periods:

• First DUI Offense within 5 years: 12 months license suspension; eligible for limited permit after 120 days
• Second DUI Offense within 5 years: a 3-year license suspension with eligibility for a limited permit after 120 days
• Third DUI within 5 years: triggers habitual violator status, leading to a 5-year revocation of driving privileges (an offender may apply for a probationary license after 2 years)
• Fourth DUI offense within 10 years: 10 years license suspension (violators may be eligible for limited permits after 2 years)
• Refusing a chemical test:
  • First refusal: 1-year license suspension
  • Second refusal: 3-year suspension
  • Third or subsequent refusal: 5-year suspension or revocation.

Step 2: Fulfill Court and DMV Requirements

The Georgia Department of Driver Services and court-ordered suspensions are distinct but overlapping sentences. In Georgia, the DDS imposes an administrative license suspension (ALS) immediately after an arrest for a DUI violation. The DDS will confiscate the offender's license and issue a 30 to 45-day temporary permit (Form DDS 1205). The offender has 30 days to request an administrative hearing. Failing to do so results in automatic suspension ranging from 1 to 5 years.

In contrast to the ALS, court-ordered conditions result from a criminal conviction for DUI actions. Court-imposed suspensions for DUI violations in Georgia run a similar duration but overlap with the ALS. Beyond suspensions, other penalties include fines, court fees, community service, mandatory alcohol and drug education programs, and potential jail time.

Step 3: Complete a DWI Education or Treatment Program

In Georgia, the court and the DDS require DUI convicts to complete specific education and treatment programs as part of the requirements for license reinstatement. These programs include the Alcohol or Drug Use Risk Reduction Program (RRP) and Clinical Evaluation & Substance Abuse Treatment.

The RRP is mandatory for DUI offenders in Georgia and consists of intervention and assessment components. The assessment component is a 130-question screening session to evaluate risk level, while the intervention component is a 20-hour in-person program.

The costs for Georgia's education and treatment programs average $360.00, comprising $100 for assessment, $235.00 for class, and $25.00 for materials. Enrollment for RRP must be through a DDS-certified provider.

The courts may require DUI violators to undergo clinical evaluation & substance abuse treatment after RRP. This includes clinical evaluation and 6 to more than 17 weeks of outpatient counseling and therapy sessions with costs averaging between $250.00 to over $1,000.00 (depending on the duration and provider). Enrollment for Georgia's clinical evaluation & substance abuse treatment programs must be through providers approved by the Georgia Department of Behavioral Health and Developmental Disabilities (DBHDD).

Step 4: Get SR-22 Insurance or Equivalent

SR-22 is proof of high-risk coverage insurance companies file with the state on behalf of drivers. It shows that the named individual has the minimum liability coverage. Georgia law requires drivers to have an SR-22 if they:

• Guilty of DUI
• Drive without insurance
• Have multiple traffic violations in a short period
• Are guilty of at-fault accidents.

The costs for filing SR-22 coverage in Georgia range between $15.00 and $50.00. However, SR-22 can increase car insurance premiums by over 100%.

Georgia requires DUI offenders to maintain SR-22 coverage for three years after license reinstatement. However, the courts may impose longer durations. Car owners can add SR-22 to existing auto policies (if their insurers offer it) or shop around for high-risk coverage insurers.

Step 5: Pay Reinstatement Fees

The total costs for license reinstatement after a DUI conviction in Georgia depend on the specific requirements and payment method. These may range between $1,000.00 and $2,500.00, and include:

• The reinstatement fee
• Cost of DUI programs
• Payments for the installation, maintenance, and removal of the Ignition Interlock Device
• Court fines and fees
• The charges for filing SR-22 coverage.

Depending on the type of DUI offense, there is a base DDS fee of $200.00 to $300.00 and a $360.00 charge for DUI programs. Furthermore, maintaining an Ignition Interlock Device costs between $500.00 and over $1,000.00. Offenders must also file SR-22 coverage and may pay child support non-compliance charges and no-proof-of-insurance fees (if applicable).

Applicants can pay for license reinstatement in cash, by credit/debit cards, checks, or money orders.

Step 6: Submit Your License Reinstatement Application

Georgia license reinstatement applicants can submit applications through the DDS Online Services. This portal allows users to make payments and upload documents relevant to license reinstatement. Alternatively, offenders can submit their applications in person at the Georgia Department of Driver Services customer service locations.

What If You're Denied License Reinstatement in Georgia?

The common reasons for denial of license reinstatement in Georgia include:

• Missing documents, such as Risk Reduction Program (RRP) certificates, proof of SR-22 coverage (or other applicable documents), or Ignition Interlock Device paperwork
• Outstanding fees and fines
• Failure to serve the mandatory suspension period before applying for reinstatement
• Non-compliance with court conditions. For instance, skipping DUI school, community service, clinical evaluation, or substance abuse treatment (if applicable).

If the Department of Driver Services denies a license reinstatement application, the applicant should:

• Review the reinstatement checklist through the DDS website or customer service centers for any missing documents or unfulfilled conditions
• Correct outstanding issues
• File an appeal/hearing request at a customer service center or by mail within 30 days of the denial
• Appeal to the Superior Court (optional) if the administrative hearing is not favorable
• Reapply through the DDS Online Services or in person after fulfilling all requirements.

Hardship Licenses: Driving with Limited Privileges

Georgia refers to hardship licenses as Limited Driving Permits (LDP). This document grants individuals suspended for DUI violations temporary, conditional privileges to commute to work, schools, doctor's visits, and other court-approved destinations.

Individuals seeking to obtain a Georgia LDP must:

• Be 16 years or older
• Not having active or pending suspensions
• Demonstrate extreme hardship due to the loss of driving privileges
• Complete DUI Risk Reduction Programs
• Provide proof of SR-22 coverage
• Pay all applicable fees and fines.

While Georgia's Limited Driving Permits allow essential travel during suspension, holders cannot drive for leisure. The conditions for LDP are specific; its conditions may specify exact routes, travel times, and vehicles.

How Long Does It Take to Get Your License Back After a DWI?

The timeline for getting a license back after a DUI suspension or revocation in Georgia depends on the type of DUI, offense history, and compliance with the requirements for reinstatement. First-time offenders may be eligible for early reinstatement after 120 days if they fulfill all requirements. For a second DUI, the offender may qualify for an Ignition Interlock Device Limited Permit (IIDLP) after serving 120 days of hard suspension (and full reinstatement after 18 months). It may take 2 years to get a license back after a third DUI.