3rd DUI in 5 years

Published on 05 May 2019 / In Other

If you’ve been convicted of a third DUI within a five year period, get ready, because you are going to lose your ability to drive for a while. But there is a light at the end of the tunnel. The consequences of a third dui conviction in five years are the subject of today’s Peach State video blog.

For a third conviction within a five year period, you would be declared a habitual violator under Georgia law. Habitual violators are those who have been convicted of three serious traffic offenses as outlined by Official Code of Georgia 40-5-58. These include, but are not limited to DUI, Hit and Run, Fleeing and Eluding, Racing, Serious Injury by Vehicle, and Vehicular Homicide.
It is important to know you can be convicted of multiple offenses during a single incident and each of them contributes to your habitual violator status.

If you are deemed to be a habitual violator, your license is revoked for a period of five years. After serving two years of a hard suspension with no ability to drive whatsoever, you can request a probationary license from the department of drivers services if you are found in compliance with the following conditions:
- No moving violations in the two years prior to requesting the probationary license (when your license should have been suspended anyway)

- You cannot have plead guilty or nolo to any moving violation that resulted in the death of another

- You must complete a DUI risk reduction course if your habitual violator status is in relation to a DUI offense, otherwise a DDS approved defensive driving course

- You cannot have been convicted of any drug or alcohol offenses during the two year suspension period

- You must provide a sworn affidavit that you do not excessively consume alcoholic beverages or use any controlled substances.

- You must complete a form SR22 showing financial liability for accidents and injuries through auto insurance or other means

- You must have an ignition interlock device on your vehicle for 12 months after the probationary license is issued if at least two of the habitual violator convictions are for DUI.

- And you must show that the refusal to grant a probationary license would cause extreme hardship to the person seeking the license.

o Extreme hardship means the person can’t go to work, school, medical treatment, alcohol or substance abuse treatment, or court ordered programs without the probationary license.
After complying with the above conditions, a probationary license may be issued upon application and the payment of a $210 reinstatement fee. After the three year probationary period expires without additional issues, you must immediately apply for reinstatement of your full license.

If there are additional issues, your probationary license will be revoked and you may face a resetting of the clock on the cancelled period of your license.

A third in five DUI conviction puts severe consequences on your ability to drive in Georgia. You need to have someone experienced in DUI defense evaluate your case to try and prevent these severe consequences. Our team of experienced Georgia DUI attorneys will consult with you for free to see if we can help you with your case. Call us today at 404-581-0999, thank you.

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