What is a habitual violator?
A habitual violator is anyone who has been convicted three or more times within a five year period, measured from the dates of the previous arrests that resulted in a conviction and the most recent arrest resulting in a conviction, for any offense under OCGA § 40-5-54 or OCGA § 40-6-391 through OCGA 40-6-395 (or any federal law or state law that substantially conforms to any offense covered by these code sections). OCGA § 40-5-58(a)(1).
So, what does that mean?
If you have 3 or more convictions for any of the following within 5 years (measured from the date of arrest for all convictions), you will be deemed a habitual violator:
- homicide by vehicle
- any felony in the commission of which a motor vehicle is used
- hit and run or leaving the scene of an accident in violation of OCGA § 40-6-270
- racing on highways and streets
- using a motor vehicle in fleeing or attempting to elude an officer
- fraudulent or fictitious use of or application for a license at provided in OCGA § 40-5-120 or 40-5-125
- operating a motor vehicle with a revoked, canceled, or suspended registration in violation of OCGA § 40-6-15
- DUI of any kind
- child endangerment during DUI
- serious injury by vehicle
- feticide by vehicle
What does it mean if I'm a habitual violator?
A habitual violator will have his license revoked for a period of five years.
A driver can get a probationary license after two years if the following requirements are met (§ 40-5-58(e)(1)):
- A refusal of the temporary license request would cause the driver an extreme hardship, including preventing him or her from going to work, attending school, etc.
- The applicant has to have completed any driving or alcohol/drug programs that he or she was assigned.
- The person applying for a temporary license cannot have been convicted or plead nolo contendere to certain types of offenses.
- The applicant must submit proof of insurance
- The applicant must submit a sworn affidavit that states he or she does not use illegal substances and does not use alcohol in excess.
Once you get a probationary license, DDS can place restrictions on the license that limit where you can drive, the time of day you can drive, what locations you can travel to, and the route you can take.
Penalties for driving while your license is revoked due to being deemed a habitual violator
If you get a probationary license and it gets revoked, you will not be able to apply for another probationary license for a period of five years. OCGA § 40-5-58(e)(6)(D).
If you violate the terms of the probationary license, you may be found guilty of a misdemeanor offense and could have the probationary license revoked. In addition, you may face other penalties. § 40-5-58(e)(6)(A)(i).
If you drive without a license after a five year revocation, but prior to being issued a new license, you can be found guilty of a misdemeanor and can face a $1000 fine and up to a year in prison.
If you are deemed a habitual violator and drive without a license during the period of time your license is revoked, you can be charged with a felony offense. The penalties can include a $1000 fine and between one and five years in prison.
If you are arrested for another DUI after you have been declared a habitual violator and are still within your five year revocation period, you can face a number of consequences. A fourth DUI charge within 10 years is considered a felony in Georgia. You can also be facing penalties under the habitual violator statute as outlined above.