Driving on a Suspended License

FIRST OFFENSE OF DRIVING ON A SUSPENDED LICENSE

If you drive (even when sober) while your license has been suspended for any reason, there is a mandatory minimum $500.00 penalty and a jail sentence of two days to six months.  The crime is a misdemeanor and the fine may be up to $1,000.00.  Once you plead guilty to, or are convicted of, driving on a suspended license, there is an additional license suspension of at least six months from the date of the conviction or the plea, with no work permit or other exceptions.  If you are still on probation for a DUI when you are arrested for Driving with a Suspended License, a judge can require you to go back to jail for the rest of your DUI sentence.

SECOND OFFENSE OF DRIVING ON A SUSPENDED LICENSE

Upon conviction of, or a guilty plea to driving on a suspended license for a second time within five years, the jail time is ten days minimum, up to one year and the fine is $1,000.00 minimum up to $2,500.00.  This crime is a high and aggravated misdemeanor.  The DDS will also automatically suspend the convicted driver's license for at least another six months.

SUSPENDED LICENSE DUE TO DRUG OR DUI-DRUGS CONVICTION

The license of anyone who pleads guilty to or is convicted of drug possession (including misdemeanor marijuana possession) or a more serious drug offense will be suspended regardless of whether he or she was driving while using drugs. 

Upon the first conviction or guilty plea to drug charges, or a DUI-drugs conviction (O.C.G.A. §40-6-391(a)(2), (4), or (6) in a given 5-year period, the suspension is for a minimum of 180 days.  There is no provision for a limited driving per during the 180 days.  O.C.G.A. §40-5-80(e).  Reinstatement of a driver's license is conditioned upon completion of DUI School, even if no driving was involved. 

Upon the second conviction or nolo plea in five years to drug possession, the suspension is for three years with possible reinstatement after one year.  Upon the third conviction or nolo plea in five years to drug possession, the suspension is for five years with the possibility of a limited driving permit after two years.  If a judge accepts a nolo plea to a drug charge, the driver must submit completion of DUI School to DDS within 120 days of the sentence or the driver's license is suspended "by operation of law," and no further notification has to be sent to the driver. 

You'll note that there may not have been a change in the look-back period for these offenses. 

Anyone arrested for driving after a drug-related suspension is subject to a minimum fine of $750.00 up to a maximum of $5,000.00, and a separate 12-month jail sentence.  If the driver is still under sentence for the case for which the driver's license was suspended, the first sentence may be revoked in addition to any new sentence for driving while suspended.

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