A Habitual Violator in Georgia is the status of a driver who has violated the Georgia Driver’s License Act. You become a Habitual Violator by committing three serious driving offenses within a five-year period. Technically, this is called Violation of the Georgia Driver’s License Act (VGDLA).
What Are the Possible Penalties for Habitual Violators in Georgia?
If you have committed 3 major offenses in a five year period your license will be suspended for 5 years although you may be able to apply for a limited permit if certain conditions have been met
– Fines of between $1,000 and $5,000.
– Install of Ignition interlock device
– Up to 5 years in prison
– 30 days or more of community service
– Must Attend DUI course
– Five years probation minus time served
– Mandatory completion of a clinical evaluation
– Completion of a treatment program if recommended by the evaluator which cannot be waived by a judge
4 Different Levels of Habitual Violator Criminal Offense in Georgia
The first serious Habitual Violator offense is considered less serious; violating the HV limited permit. This means that you are legally driving on the HV permit but you have been found to be driving outside the limitations of the permit. If you have a limited Habitual Violator permit you are allowed to drive in the following circumstances:
(i) Going to your place of employment or performing the normal duties of your occupation
(ii) Receiving scheduled medical care or obtaining prescription drugs (the doctor or pharmacy)
(iii) Attending a college or school at which you are regularly enrolled as a student
(iv) 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
(v) Attending under court order any driver education or improvement school or alcohol or drug treatment program or course approved by the court which entered the judgment of conviction resulting in revocation of his driver’s license or by the commissioner.
If you are found to be driving outside of any of the circumstances on the list above while having the limited permit, you have committed the first offense of Misdemeanor Habitual Violator and will incur serious misdemeanor punishments. You could lose your Georgia HV permit for the remainder of the 5-year license suspension as well.
The second type of HV offense is getting caught driving after being declared a Habitual Violator in GA and not having a limited permit at all. You don’t have to be caught Driving Under the Influence (DUI) if you are stopped while driving in this situation, you have committed a felony with the potential punishment of 1 to 5 years in prison. A felony in Georgia is a serious and life-changing charge. It is very common for a driver charged with an HV Felony in Georgia to be sentenced to the state penitentiary, also known as prion!
If you are a Habitual Violator and are caught DUI (or committing another major offense) this is considered the third most serious level. In that situation, you could become a convicted felon, and face additional consequences and punishments for the DUI and other charges. The DUI itself maybe a 4th DUI in Georgia, which in and of itself can be a felony DUI. All of these potential punishments can be made to run consecutive. That means you can face more than 5 years in prison. Time is of the essence. You need the help of the best DUI lawyers in Georgia. In addition, you will be well-advised to check yourself into a treatment program to show the court you are not a danger to society.
If you are caught driving after your 5-year license suspension has expired but you have not reinstated your Georgia Driver’s license and you are a HV Violator in Georgia this is considered the least serious 4th Effectively, you could have gone and got your license back but failed to do it. This is Misdemeanor Habitual Violator in Georgia. You will be facing consequences for committing a misdemeanor in Georgia, including up to 12 months in jail and a fine up to $1000.