Accountability court conference may 21 2013
This presentation is the property of its rightful owner.
Sponsored Links
1 / 46

Accountability Court Conference May 21, 2013 PowerPoint PPT Presentation


  • 83 Views
  • Uploaded on
  • Presentation posted in: General

Accountability Court Conference May 21, 2013. DUI Suspension Lifecycle. DUI Conviction Age 21+. Reinstatement Requirements. All DUI suspensions require completion of a DUI Drug or Alcohol Use Risk Reduction Program 30 hour in-person class Licensed programs can be found on the DDS’ website

Download Presentation

Accountability Court Conference May 21, 2013

An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.


- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -

Presentation Transcript


Accountability court conference may 21 2013

Accountability Court ConferenceMay 21, 2013


Dui suspension lifecycle

DUI Suspension Lifecycle


Dui conviction age 21

DUI Conviction Age 21+


Reinstatement requirements

Reinstatement Requirements

  • All DUI suspensions require completion of a DUI Drug or Alcohol Use Risk Reduction Program

    • 30 hour in-person class

    • Licensed programs can be found on the DDS’ website

  • 2/10 DUI conviction requires a clinical evaluation and treatment for reinstatement

    • Licensed programs can be found on the DBHDD’s website (or via a link from the DDS’ website)


Ignition interlock

Ignition Interlock

  • Georgia law provides that residents convicted of a second or subsequent DUI within five (5) years must install and utilize an ignition interlock device (IID) on any vehicle that they own. O.C.G.A. §§40-6-391(c) and 42-8-110, et seq.


Ignition interlock cont d

Ignition Interlock (cont’d)

  • Implementation of the ignition interlock requirement dates back to the enactment of Heidi’s Law in 1999 and has evolved through the 2013 Legislative Session.

  • The amount of time that the customer must utilize an ignition interlock device depends upon the date of the incident that triggered the suspension.


Ignition interlock cont d1

Ignition Interlock (cont’d)


Ignition interlock cont d2

Ignition Interlock (cont’d)

  • The only exception to the ignition interlock requirement is if the Court that handled the second DUI enters an order exempting the defendant from the interlock requirement based upon a finding of undue financial hardship. O.C.G.A. §42-8-111(a)(1).


Ignition interlock cont d3

Ignition Interlock (cont’d)

  • Prior to January 1, 2013, customers exempted from the ignition interlock requirement due to financial hardship are not eligible for any other type of permit, so they serve a “hard” 18-month suspension.

  • As of January 1, 2013, customers exempted from the ignition interlock requirement due to financial hardship are not eligible for a permit for the first year of the suspension, but they are eligible for a permit for the final 6 months of the 2/5 DUI suspension.

  • This will remain the case after July 1, 2013.


Ignition interlock cont d4

Ignition Interlock (cont’d)

  • A defendant’s decision to move out-of-state alone cannot be the basis for an interlock waiver. State v. Villella, 266 Ga. App 499 (2004).

  • Defendants who move out-of-state cannot satisfy the interlock requirement using an out-of-state interlock service provider.

  • Moreover, the DDS cannot issue an ignition interlock limited driving permit to a non-resident.


Non residents

Non-Residents

  • The DDS imposes license suspensions upon non-residents who are convicted of offenses for which a suspension is mandated. O.C.G.A. §40-5-51.

  • However, ignition interlock does not apply to non-residents under O.C.G.A. §42-8-110, et seq.


Out of state citations

Out-of-State Citations

  • The DDS treats convictions imposed upon Georgia residents by courts in other jurisdictions as if they occurred in Georgia and imposes whatever penalty is mandated for such convictions. O.C.G.A. §40-5-52.

  • Drivers convicted of a 2/5 DUI out-of-state are subject to the ignition interlock requirements for permit issuance, if eligible, in Georgia.


Out of state citations cont d

Out-of-State Citations (cont’d)

  • A suspension imposed out-of-state due to a conviction in that jurisdiction also could prevent issuance of a license or permit in Georgia. O.C.G.A. §40-5-22(c).


Waiver timing

Waiver Timing

  • Some judges have questioned whether they have subject matter jurisdiction to grant an interlock waiver when more than 180 days have elapsed since the date of the conviction.

  • Effective January 1, 2012, language enacted in House Bill 269 exempts interlock waivers from the subject matter jurisdiction time limitations of O.C.G.A. §§40-13-32 and 40-13-33.


Permit eligibility

Permit Eligibility

  • Senate Bill 236 made substantial changes to ignition interlock permit eligibility:

    • Permit available after “hard” 120 day suspension

    • Must be enrolled in clinical treatment or DUI court

    • Must have court’s permission

  • Existing pre-requisites of completion of clinical evaluation prior to enrolling in treatment and completion of DUI Drug or Alcohol Use Risk Reduction program remain in place.


Senate bill 236 2012

Senate Bill 236 (2012)

  • Customers convicted of a 2/5 DUI from an incident between January 1, 2013 and June 30, 2013 are subject to a “hard” 120 day suspension.

  • They will hold an interlock permit for eight (8) months, then become eligible for a non-interlock permit for the remaining six (6) months of the suspension.


House bill 407 2013

House Bill 407 (2013)

  • Interlock permits remain available after the “hard” 120 day suspension.

  • Effective July 1, 2013, the interlock must be maintained for at least 12 months.

  • After 12 months with the interlock, the customer can have the interlock restriction removed from his/her permit for the balance of the suspension.


Changes for teen drivers

Changes for Teen Drivers

  • Senate Bill 236 also modified O.C.G.A. §40-5-57.1 relating to the license suspensions for teens age 16-20 effective January 1, 2013:

    • 1st in 5 (low/no BAC): 6 month suspension

    • 1st in 5 (BAC .08+): 12 month suspension

    • 2nd in 5: 18 month suspension

    • 3rd in 5: 5 year HV revocation


O c g a 40 5 57 1 cont d

O.C.G.A. §40-5-57.1 (cont’d)

  • Teens under age 21 at the time of conviction remain ineligible for a 1/5 DUI permit.

  • However, teens are now eligible for an ignition interlock limited driving permit subject to the same criteria applicable to drivers age 21 and over.


Senate bill 236 cont d

Senate Bill 236 (cont’d)

  • Permissible uses of interlock permits were modified:

    • Going to the holder’s place of employment;

    • Attending a college or school at which he or she is regularly enrolled as a student;

    • Attending regularly scheduled sessions or meetings of treatment support organizations for persons who have addiction or abuse problems related to alcohol or other drugs, which organizations are recognized by the commissioner; and

    • Going for monthly monitoring visits with the permit holder's ignition interlock device service provider.


Senate bill 236 cont d1

Senate Bill 236 (cont’d)

  • Interlock permits (cont’d)

    • Language allowing travel for the normal duties of he holder’s occupation and for medical care intentionally deleted.

    • Requested by NHTSA so that Georgia would remain in compliance with the federal interlock requirements for multiple DUI offenders in 23 U.S.C. §164 and 23 C.F.R. Part 1275.


Room for change in 2014

Room for Change in 2014

  • Federal law changed in late 2012 to lift the limitations on ignition interlock permits.

  • Legislative changes to the permit restrictions in O.C.G.A. §40-5-64 are likely to be sought in 2014.


Other limited driving permits

Other Limited Driving Permits

  • DDS has very limited authority to issue limited driving permits (LDP’s), and the suspension for which the customer seeks an LDP must be among those set forth in O.C.G.A. §40-5-64(a).


Permits cont d

Permits (cont’d)

  • Eligible suspensions:

    • TAADRA suspensions for school withdrawals, misconduct, absences: O.C.G.A. §40-5-22(a.1)(2)

    • 4-point speeding tickets if customer age 18+: O.C.G.A. §40-5-57.1

    • First or second points suspensions: O.C.G.A. §40-5-57(d)

    • First DUI/mandatory suspension: O.C.G.A. §40-5-63(a)(1)

    • First ALS: O.C.G.A. §40-5-67.2(a)(1), infra.


Senate bill 236 cont d2

Senate Bill 236 (cont’d)

  • Permissible uses of non-interlock permits were expanded:

    • Going to the holder’s place of employment;

    • Receiving scheduled medical care or obtaining prescription drugs;

    • Attending a college or school at which he or she is regularly enrolled as a student;

    • Attending regularly scheduled sessions or meetings of treatment support organizations for persons who have addiction or abuse problems related to alcohol or other drugs, which organizations are recognized by the commissioner; and


Senate bill 236 cont d3

Senate Bill 236 (cont’d)

  • Permissible uses (cont’d)

    • Attending under court order any driver education or improvement school or alcohol or drug program or course approved by the court which entered the judgment of conviction resulting in suspension of his or her driver's license or by the commissioner;

    • Attending court, reporting to a probation office or officer, or performing community service; or

    • Transporting an immediate family member who does not hold a valid driver's license or work, medical care, or prescriptions or to school.


Habitual violator

Habitual Violator


Hv cont d

HV (cont’d)

  • Reinstatement requirements will depend upon predicate offenses:

    • Could include DUI school, clinical evaluation/treatment, defensive driving school and/or ignition interlock.

  • Fee: $410.00


Hv cont d1

HV (cont’d)

  • Probationary license available after 2 years.

  • Disqualifiers:

    • Any prior VGCSA or UAPA/MIP convictions;

    • Any conviction for an offense in Chapter 5 or Chapter 6 of Title 40 that resulted in a death or injury; or

    • Any convictions for offenses in Chapter 5 or Chapter 6 of Title 40 during the 2 years prior to making application for the HVPL.


Hv cont d2

HV (cont’d)

  • HVPL’s are restricted to driving for work, school and medical care.

  • Conviction for violation of HVPL results in greater of additional 2 year suspension or remaining period of original revocation.


Permits cont d1

Permits (cont’d)

  • Additional authority for probationary licenses in O.C.G.A. §§40-5-67.2(a)(3) and 40-5-75 for 3rd suspensions.

  • Defendant must serve two (2) years of the suspension/revocation before becoming eligible for these probationary licenses.


Permits cont d2

Permits (cont’d)

  • No permit is available for a driver under age 21 convicted of reckless driving.

  • Affidavit of first conviction not required to get permit for first DUI if conviction is already on the defendant’s driving record.

    • Suppression of refusal in criminal case does not impact implied consent suspension.


Dui of drugs

DUI of Drugs

  • DUI of drugs is treated like a controlled substance offense:

    • 1st: 180 days ($210.00)

    • 2nd: 1 year ($310.00)

    • 3rd: 5 years, but permit after 2 years ($410.00)

  • All require DUI school for reinstatement

  • Suspensions run consecutively to other withdrawals already in place.


Dui of drugs cont d

DUI of Drugs (cont’d)

  • Determination of whether a conviction will be considered DUI of drugs depends upon the code section reported by the Court.

    • O.C.G.A. 40-6-391(a)(2)

  • Multiple substance cases (alcohol and drugs) are treated like alcohol cases.

    • O.C.G.A. 40-6-391(a)(4)


Dui drug convictions age 16

DUI/Drug Convictions > age 16


Fatalities and serious injuries

Fatalities and Serious Injuries


Als ic update

ALS/IC Update


Als ic update1

ALS/IC Update

  • New 1205 forms (January 2012) removed the space for the officer to swear to the contents of the report following the enactment of House Bill 269 during the 2011 Session of the Georgia General Assembly.

  • You or your client may receive a letter seeking the $150.00 filing fee if you fax and mail a hearing request.

    • New programming in place generates a letter automatically when appeal letter arrives without the fee included.

    • Faxed letters do not include the fee.

    • Fee request and fee payment may pass in the mail.


Administrative suspensions cont d

Administrative Suspensions (cont’d)

  • Reminders for negotiations of the resolution of the administrative suspension with the DUI case:

    • If the defendant has appealed the administrative suspension, the officer’s opportunity to withdraw the 1205 expires when the ALJ issues the final decision.

    • If the defendant has not appealed the administrative suspension, the officer’s opportunity to withdraw the 1205 expires ten (10) business days from the date of the arrest.


Administrative suspensions cont d1

Administrative Suspensions (cont’d)

  • The administrative license suspension will be deleted from the defendant’s driving record if the underlying DUI charge is resolved in some way other than a conviction (reduced, dismissed, acquitted, etc.). O.C.G.A. §40-5-67.1(g)(4).


Administrative suspensions cont d2

Administrative Suspensions (cont’d)

  • A conviction for DUI will result in a separate suspension or revocation of the driver’s driving privilege. O.C.G.A. §§40-5-57.1, 40-5-63(a), or 40-5-58.

  • Defendants are entitled to credit for the period of the administrative suspension toward satisfaction of a suspension triggered by a conviction on the underlying DUI. O.C.G.A. §40-5-67.2(b).


Administrative suspensions cont d3

Administrative Suspensions (cont’d)

  • Credit only given for ALS or IC toward DUI.

    • No credit for a suspension triggered under O.C.G.A. 40-5-57.1 if the DUI is reduced to reckless driving.

  • Only applies to first or second DUI in five (5) years.

  • No credit toward HV revocation.

  • No credit can be given for time served on a DUI suspension toward an ALS or IC if the DUI suspension starts first.


Als and implied consent

ALS and Implied Consent


Als ic cont d

ALS/IC (cont’d)

  • A “1st in 5” per se administrative license suspensions is eligible for immediate issuance of a limited driving permit valid for thirty (30) days. O.C.G.A. §40-5-64(a)(1).

    • Only issued at Headquarters in Conyers at this time.

    • Can be renewed indefinitely.

  • Implied consent suspensions are not eligible for any type of permit, and no permit can be issued for a “1st in 5” DUI suspension that results from the conviction.


Als ic cont d1

ALS/IC (cont’d)

  • Reinstatement of ALS requires payment of applicable fee and submission of DUI School Certificate.

    • 1st: $210.00

    • 2nd: $310.00

    • 3rd: $410.00

  • Implied consent suspensions age off with no class or fee required.


For more information

For More Information. . .

Contact Information:

DDS Legal & Investigative Services

P.O. Box 80447

Conyers, Georgia 30013

(678) 413-8765

www.dds.ga.gov


  • Login