Have You Been Arrested for Driving While Being Declared a Habitual Violator (Commonly called HV)?
Driving while being declared a habitual violator is a felony. The issue is no longer being caught driving under the influence or drunk driving. The issue is merely driving after being declared a Habitual Violator. If you have been declared a Habitual Violator, or what is commonly called HV, you are not allowed to drive for up to 5 years. After 2 years you may qualify for a special HV permit. There are potentially different penalties if the violation is of the Habitual Violator Permit or HV overall. Both penalties will be covered below. As in any Georgia DUI case, under Georgia law, you only have 30 days to begin protecting your ability and privilege to drive.
Georgia DUI Lawyer Richard Lawson has been defending HV cases for more than 20 years. He is a former DUI Prosecutor uniquely qualified to help you with your case. No case is hopeless. There are always defenses and alternatives. HV cases are serious matters that need serious attention. Our office is dedicated to the defense of those charged with driving under the influence and habitual violator.
30 Day Warning!!
You only have 30 business days from the date of your arrest to have your Georgia DUI Lawyer file an appeal to keep your ability to drive. This appeal has a $150 filing fee and must be done to keep your ability to drive, or in the situation of a Habitual Violator case, at least limit your license suspension. If this appeal is not filed, you will have an additional administrative license suspension on top of any other suspension you may be serving. Call now to limit the suspension of your license and get your license restored as quickly as possible.
Being a Habitual Violator in and of itself is not a crime. You must have committed three major offenses such as DUI within a 5 Year period of time. Once that happens, you will be declared an Habitual Violator. If nothing else happens, you will not have committed an additional crime however, your license will be suspended for 5 years without the ability to get any permit to drive until you have been suspended at least 2 years.
There are 4 different levels of the HV criminal offense in Georgia
The first and less serious Habitual Violator offense is violating the HV limited permit. In this situation, you are legally driving on the HV permit but driving outside the limitations of the permit. On a limited Habitual Violator permit you are allowed to drive in the following circumstances:
(i) Going to your place of employment or performing the normal duties of your occupation
(ii) Receiving scheduled medical care or obtaining prescription drugs (the doctor or pharmacy)
(iii) Attending a college or school at which you are regularly enrolled as a student
(iv) Attending regularly scheduled sessions or meetings of support organizations for persons who have addiction or abuse problems related to alcohol or other drugs, which organizations are recognized by the commissioner
(v) Attending under court order any driver education or improvement school or alcohol or drug treatment program or course approved by the court which entered the judgment of conviction resulting in revocation of his driver's license or by the commissioner.
If you are found driving outside of these limitations while having the limited permit, you have committed the offense of Misdemeanor Habitual Violator and are subject to serious misdemeanor punishments as well as losing your HV permit for the remainder of the 5 year license suspension.
The second level of HV offense is being caught driving after being declared an Habitual Violator without a limited permit. Even if you are not DUI but are simply caught driving in this situation, you have committed a felony punishable with 1 to 5 years in prison. A felony in Georgia is a serious and life-changing charge. It is very common that persons charged with an HV Felony in Georgia will be sentenced to prison. Prison is not the county jail. Prison means the State Penitentiary. In addition, you will lose your right to vote and your right to own a firearm. As a result you must take a charge of HV very seriously.
The third and most serious level of Habitual Violator being caught DUI (or committing another serious offense) while being HV. In that situation you are facing being made into a convicted felon, as well as facing additional consequences for the DUI and other charges. The DUI itself may be a 4th DUI in Georgia, which in and of itself can be a felony DUI. All of these potential punishments can be made to run consecutive. That means you can face more than 5 years in prison. Time is of the essence. You need the help of the best DUI lawyers in Georgia. In addition, you will be well-advised to check yourself into a treatment program to show the court you are not a danger to society.
The fourth and least serious HV charge in Georgia is being found driving after your 5 year license suspension has expired but you have not reinstated your Georgia Driver's license. Effectively, you could have gone and got your license back but failed to do it. This is Misdemeanor Habitual Violator in Georgia. You will be facing consequences for committing a misdemeanor in Georgia, including up to 12 months in jail and a fine up to $1000.
Common Punishment for Being Found Driving After Being Declared a Habitual Violator - Driving while HV
Drivers License suspended for 5 years or 2 years if completed treatment and other conditions.
The fine is not less than $1000 or more than $5000
Prison up to 5 years
No less than 30 days of community service unless the defendant is sentenced to serve 3 years in prison
Complete DUI School
Mandatory completion of Clinical Evaluation
Completion of a treatment program if recommended by the evaluator (this can't be waived by a judge)
Up to 5 years probation, less time served
Ignition interlock system required while on an HV Permit.
There is hope if you are charged with Habitual Violator in Georgia
If you are charged with HV in Georgia, you must act now. There are alternative punishments. There are defenses to a Georgia DUI case. Call now for immediate legal help. We are here 24 hours a day, 7 days a week.