What is a Habitual Violator in Georgia?

A Habitual Violator in Georgia is technically a status that you gain if you have committed three major offenses within a 5 year period of time. Once declared a Habitual Violator, if nothing else happens, your license will be suspended for five years. After being suspended for at least two years, you will gain the ability to get a special HV permit to drive.

The offenses that lead to a HV (Habitual Violator) Status in Georgia are as follows:

• Vehicular Homicide in Georgia
• Any Felony using a Motor Vehicle in Georgia
• Hit and Run in Georgia or Leaving the Scene of an Accident in Georgia
• Racing on Highways or Streets in Georgia
• Fleeing or Attempting to Elude an Officer in Georgia
• Unlawful or Fraudulent Use of or Application for a License or ID Card in Georgia
• Operating a Motor Vehicle with a Revoked, Canceled, or Suspended Registration in Georgia
• Any Felony Forgery Conviction relating to an ID Document in Georgia
• DUI in Georgia
• Child Endangerment while DUI in Georgia
• Feticide by Vehicle in the First Degree in Georgia
• Serious Injury by Vehicle in Georgia

Three convictions for any of theses offenses within a five-year period (measured from date of arrest to date of arrest) will result in notice to the violator of their Habitual Violator status and the suspension of their driver's license. 

The most important takeaway from this post is that driving at all while being declared a Habitual Violator is a felony in the state of Georgia. This has nothing to do with being caught DUI or breaking the law in any way - simply driving while being a Habitual Violator is a felony. 

This leads me to the four different types of Habitual Violator offenses that can cause serious penalty if committed.

1. The first level of HV offense is being caught driving after your five-year suspension has ended, but you have not, however, 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 level of HV 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 level of HV offense is driving as an Habitual Violator without a limited permit. If you have been declared an Habitual Violator, 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 level of HV 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.

Practice Note

Georgia DUI Penalties are extremely harsh and life-altering. Penalties for the above-mentioned Georgia DUI-Related Offenses can be just as challenging and difficult to live with. If you or a loved one is facing a DUI in Georgia, contact us today, so that we can help you with your case and apply the best Georgia DUI Defenses.