The Georgia legislature also amended O.C.G.A. 40-6-64, which deals with limited driving permits after DUI convictions.  The list of places a person can drive on a limited permit has been expanded.  A person convicted of a first in five DUI can now drive to court, the probation office, and to perform community service on a temporary permit.  In addition, they may also transport an immediate family member who does not have a valid driver’s license to work, to receive medical care and get prescriptions and to school.  Below is the relevant part of the statute:

Standards for approval.  The department shall issue a limited driving permit if the application indicates that refusal to issue such permit would cause extreme hardship to the applicant. Except as otherwise provided by subsection (c.1) of this Code section, for the purposes of this Code section, “extreme hardship” means that the applicant cannot reasonably obtain other transportation, and therefore the applicant would be prohibited from:

(1) Going to his or her place of employment;

(2) Receiving scheduled medical care or obtaining prescription drugs;

(3) Attending a college or school at which he or she is regularly enrolled as a student;

(4) 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;

(5) Attending under court order any driver education or improvement school or alcohol or drug program or course approved by the court which entered the judgment of conviction resulting in suspension of his or her driver’s license or by the commissioner;

(6) Attending court, reporting to a probation office or officer, or performing community service; or

(7) Transporting an immediate family member who does not hold a valid driver’s license for work, medical care, or prescriptions or to school.

However, note the above changes apply only to over 21 first time DUI convictions which were not refusal cases (those cases where the Defendant did not submit to breath, blood or urine test).  You must of course apply and be approved for a temporary permit by DDS before you can drive anywhere after a DUI conviction!

Posted on: 12 Jan, 2013          under: Criminal Law, DUI, Traffic Law