Being an Habitual Violator in Georgia means that you've committed three major offenses within a five-year period of time. These major offenses include DUIs in Georgia. If you've been declared an Habitual Violator, you will get a five-year license suspension, and after two years, you may qualify for an Habitual Violator permit with an interlock device.
Let's focus on the four different levels of Habitual Violator offenses in Georgia.
1. The first offense is being found driving after your five-year suspension has ended, but you have not reinstated your Georgia license. You will be charged with a Misdemeanor Habitual Violator offense. The penalties for conviction include up to twelve months in jail and a fine up to $1,000.
2. The second offense is violating the Habitual Violator permit with an interlock device. With the permit, you can legally drive, but there are certain limitations. You are allowed to drive if you are going to your job, performing job duties, receiving medical care, attending school, attending drug or alcohol abuse meetings, or attending court or any court-ordered program. If you violate these limitations, you will be charged with a Misdemeanor Habitual Violator offense. You may face losing your Habitual Violator permit for the remainder of your five-year suspension. The penalties for conviction include up to twelve months in jail and a fine up to $1,000.
3. The third offense is driving as an Habitual Violator without a limited permit. If you have been declared an Habitual Driver, and you are caught driving, you will be charged with a felony. You will face up to five years in prison. A felony conviction means that you will lose your right to vote and your right to own a gun.
4. The fourth offense is the most serious level of Habitual Violator offense. It's got two parts. The first part is being charged with driving as an Habitual Violator without a limited permit (with an interlock device). The second part is not only being caught driving, but also driving under the influence or committing another serious offense while being an Habitual Violator.
If you are an Habitual Violator as a result of three DUIs in five years, and you are caught driving under the influence, then you face your fourth DUI in Georgia, which is a felony DUI in Georgia. You will face the felony DUI as well as a felony for violating the Habitual Violator license suspension. If it's another crime you will face the penalty for the crime if convicted as well as a felony for violating the suspension. These potential penalties can be made to run consecutively.
If you or a loved one has been charged with any of the above mentioned Habitual Violator offenses. There are defenses, and you need a Georgia DUI Lawyer to analyze your case. We are here 24 hours a day, 7 days a week. Don't face Georgia DUI Penalties without first speaking to our office.