If you plead guilty or are convicted in a court of DUI, hit and run or certain other traffic misdemeanors in Georgia, your driver’s license will be suspended. This can have serious consequences for people who rely on their vehicles for transportation.
In some cases, it may be possible to get a limited driving permit that allows you to drive under certain limited conditions. Here’s what you need to know about limited driving permits in Georgia…
A limited driving permit can ease the burden of a DUI conviction for drivers in Georgia.
The most common type of limited driving permits are issued by the Georgia Department of Driver Services (DDS) and are valid for private vehicles (not commercial vehicles) for 120 days from the date of the conviction.
There is another type of limited permit called an Ignition Interlock Device Limited Permit (IIDLP) that may be available for repeat offenders or certain other special circumstances.
Permits restrict both the places you can drive to and the purposes for which you are allowed to legally drive.
Eligibility for a limited driving permit in Georgia depends on the circumstances of your offense.
If you plead guilty to DUI and it is your first conviction within five years (arrest date to arrest date), you are immediately eligible to apply for a limited driving permit.
In some circumstances, your DUI lawyer may be able to help you get a limited driving permit even if you do not plead guilty. It is best to discuss the details of your case as soon as possible so that you have a full understanding of your rights and obligations.
Bear in mind that if you are under the age of 21, you are not eligible for a permit. Some judges are reluctant to approve a driver for a limited permit if they have had prior offenses – even if they occurred longer than five years ago.
There is no requirement for the judge to allow a limited permit, and he or she is entitled to issue a court-ordered driver’s license suspension as a condition of probation.
To get a limited driving permit in Georgia, you will need the official DS1126 form (First DUI Conviction Court Affidavit) from the court. This document confirms that it is your first conviction in the last five years.
If a Court refuses to endorse the form (usually outlying counties), you will instead need a certified disposition from the court showing the DUI case has been closed.
The court document should be taken to your nearest DDS Customer Service Center , which will issue your official Georgia limited driving permit if everything is in order and you pay the $25 fee.
Do not drive to the DDS center as you cannot legally drive to or from the court until you get your permit. The courthouse deputies may watch you leave the courthouse, and in rare instances the DDS Clerk may ask you how you arrived .
Providing the wrong answer can trigger a call to the police and further legal problems for you (driving on a suspended license).
In some cases, it is possible to get a permit even if the judge refuses to issue the First DUI Conviction Court Affidavit.
In such cases, you should bring a certified copy for each uniform traffic citation and the sentencing sheet (or disposition) to the Department of Driver Services.
Typically, limited driving permits allow driving in only the following instances:
Furthermore, the DDS may specify:
Make sure you are clear on what you can and cannot do with your permit. The terms are strict. You are not allowed to drive to social appointments or the mall and you should not be tempted to violate the terms of your permit or you may lose the right to drive completely.
You should never drive until you receive your permit. Once you have the permit, follow its terms to the letter or the DDS can revoke it.
Typical reasons for revoking a permit include:
Your driver’s license may be suspended again if you violate the terms of your limited driving permit.
Receiving a ticket while driving on a limited permit can have serious consequences so consider your next move very carefully.
It is best to speak to an attorney immediately. Do not simply plead guilty or send in the fine money for any traffic violation without taking legal advice. Otherwise, your limited driving permit may be revoked and you may not be legally able to drive.
It is important to understand how and when your license will be reinstated. It does not happen automatically and many people are caught driving on a suspended license by not taking the necessary steps to reinstate their actual license.
If you were found guilty of a first-offense DUI, you may be able to apply for reinstatement of your driver’s license 120 days after the date you surrendered your driver’s license or the date that the DDS processed the conviction.
You will need to submit an original certificate of completion of an approved DUI alcohol/drug use risk reduction program (aka DUI School) and pay the $210 restoration fee.
The Law Office of Adam D. Brown can help you defend a DUI charge or limit the consequences if you are found guilty of a driving offense. We can help you secure a limited driving permit if you lose your license.
Contact Adam for a free case evaluation . Book an appointment online or call us directly at (404) 883-8893.
