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Why Getting an Interlock Waiver in Georgia is Generally a Bad Idea

Posted by Richard Lawson | Aug 13, 2020 | 0 Comments

Should a person with a second or more DUI conviction in Georgia install an interlock or seek an interlock waiver?

Generally, our advice is that people should install the interlock as soon as you are legally allowed to.  This is the quickest way to drive. However, that advice may change if a person has already served out the entirety of their suspension time without driving. In that case, an ignition interlock waiver may be appropriate.  Of course, there are always potential problems.  

The Main Potential Problem:

To begin with, when you hire a Georgia DUI Attorney to seek an interlock waiver, he or she will file a motion in the court in which you were sentenced asking the judge to waive the requirement.  There is no guarantee that the judges will agree to it.  Judges are politicians who answer to the electorate, and as a result, they do not want to appear soft on multiple DUI offenders.  As a result, you may end up paying your Georgia DUI Lawyer almost as much as the cost of installing the interlock device, and the judge denies the motion for the interlock waiver.

Exceptions to the General Rule:

If you live out of state and your home state does not have compatible requirements, then an interlock waiver is also appropriate.  However, the suspension will likely remain on the National Driver's License Registry and prevent you from getting a license or permit in your home state.

Conclusion:

For almost everyone who calls our office, installing the interlock as soon as it can be legally installed is the correct legal advice. However, if you have served out the entire suspension time, including the time you could have legally driven on the interlock, then seeking the interlock waiver could be a good alternative for you.  

About the Author

Richard Lawson

Managing Partner at Lawson & Berry:

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