Habitual Violator Penalties in Georgia

Posted by Richard Lawson | Oct 24, 2012 | 0 Comments

The Consequences of Habitual Violator In Georgia

If you are convicted of committing certain offenses three or more times within a five-year period you will be declared a habitual violator.  These predicate offenses are as follows:

  • DUI
  • Homicide by Vehicle
  • Serious Injury by Vehicle
  • Fleeing of Attempting to Elude
  • Racing
  • Leaving the Scene of an Accident (Hit and Run)
  • Fraudulent or Fictitious Use of or Application for a Driver’s License

Any person declared a habitual violator in Georgia will have his or her driver’s license revoked for five years.  After two years, you may apply for a probationary driver’s license for up to three years if you meet certain conditions and you would suffer extreme hardship if the probationary license were not issued.

Certain restrictions can be placed on your use of the probationary license such as specific places you can travel to and from, routes you are allowed to travel, times of travel, and the specific vehicles you are allowed to operate. Any person whose driver’s license was revoked due to a conviction for DUI after an accident in which any person lost his life will not be eligible for a probationary license during the revocation period.

If you are convicted of operating a vehicle while your license is revoked due to your status as a habitual violator before you have been issued a valid driver’s license or before the expiration of the five year revocation period, you will be guilty of a felony punishable by one to five years incarceration and a minimum fine of $750.00.

If you were declared a habitual violator after being convicted of violating Georgia’s DUI law three or more times in five years and are then convicted of operating a vehicle during the five year revocation period and before you have been issued a probationary license you will be guilty of the felony of habitual impaired driving which is punishable by incarceration for one to five years and a minimum fine of $1,000.00.

If you violate any of Georgia’s DUI laws or any of the driving offenses requiring a mandatory license suspension while a probationary licensee, you will be guilty of a felony.

Any person declared a habitual violator and whose license has been revoked who is convicted of operating a vehicle after the expiration of the five-year revocation period but before being issued a driver’s license is guilty of a misdemeanor.

If you are convicted of violating the conditions of your probationary license, you will be guilty of a misdemeanor and your probationary license will be revoked and you will not be eligible to apply for a regular driver’s license until the expiration of the original five year revocation period or for two years, whichever is greater. In addition, you will not be able to apply for another probationary license for a period of five years.

If you are charged with driving after being declared an habitual violator, contact our office today.  We are here 24 hours a day, 7 days a week to help you.

About the Author

Richard Lawson

Managing Partner at Lawson & Berry:


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