Are You A Habitual Violator?

Georgia Traffic Law: Habitual Violators

In Georgia you will become a Habitual Violator for traffic offenses if you commit three serious driving offenses within a five year period. Technically, this is called Violation of the Georgia Driver’s License Act (VGDLA). Generally, texting and driving is the biggest problem on the rise in Georgia and can also result in Habitual Violator status.

What Are The Possible Consequences For Habitual Violators In Georgia?

If you have committed 3 major offenses in a 5 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

• Fees between $1,000 and $5,000.
• Installation of Ignition interlock device
• Up to 5 years in prison
• 30 days or more of community service
• Must Attend Driving Under the Influence (DUI) Course
• 5 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 Offenses

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 only allowed to drive if you are:

1. Going to your place of employment
2. Receiving scheduled medical care or getting prescription drugs (the doctor or pharmacy)
3. Attending a college or school at which you are regularly enrolled as a student
4. Attending regularly scheduled meetings of support organizations for persons who have addiction or abuse problems related to alcohol or other drugs
5. Attending under orders of the court a driver education 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 break the rules above while having the limited permit, you have committed the first offense of Misdemeanor Habitual Violator and will incur serious misdemeanor consequences. You could lose your Georgia HV permit for the remainder of the 5 year license suspension too.

The second type of HV offense is getting caught driving after being declared a Habitual Violator in GA and not possessing 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.

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 may be 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 of jail time.

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 offense. You could have gotten 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.

If you or a loved one is facing a traffic offense charge of any kind, call the Law Office of Lloyd J. Matthews today at (404) 642-7350!