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DUI Limited Driving Permits in Coweta County / Georgia
- Robert Mooradian
- Apr 17
- 6 min read
Updated: Apr 17
When a person is convicted of DUI (including entering a nolo plea), their driver's license is suspended. That means they are not permitted to drive for any reason until either they are granted a limited driving permit or their license is later fully reinstated.
The length of a suspension and the ability of a personto obtain a limited driving permit change depending on the person's driving history and what they are convicted of. Since it can get complicated, this article is focused on explaining the common scenario of obtaining a limited driving permit after a first DUI conviction in the past 5 years.
What is a limited driving permit?
Prior to a suspended driver's license being reinstated, a limited driving permit allows a person with a suspended license to drive for certain limited reasons in order to avoid an extreme hardship in life caused by being completely unable to drive.
Where am I able to drive on a limited driving permit?
The Georgia Department of Driver Services (DDS) is limited by OCGA § 40-5-64 (c) and (d) to allowing a person to drive on a limited driving permit in order to avoid an "extreme hardship" as the term is defined in the statute. Under that definition a person with a limited permit may be permitted to drive only for the following reasons:
(1) Going to his or her place of employment or performing the normal duties of his or her occupation;
(2) Receiving scheduled medical care or obtaining prescription drugs;
(3) Attending a college or school at which he or she is regularly enrolled as a student;
(4) 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;
(5) 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;
(6) Attending court; reporting to a community supervision, juvenile probation, or Article 6 of Chapter 8 of Title 42 probation office; reporting to a community supervision officer, county or Department of Juvenile Justice juvenile probation officer, or probation officer serving pursuant to Article 6 of Chapter 8 of Title 42; or performing community service;
(7) Transporting an immediate family member who does not hold a valid driver's license for work, to obtain medical care or prescriptions, or to school; or
(8) Attending any program, event, treatment, or activity ordered by a judge presiding in an accountability court, as such term is defined in Code Section 15-1-18.
Additionally, DDS may restrict such travel to specific places, specific routes, specific times of travel, specific vehicles, or "such other restrictions as the department may require." OCGA § 40-5-64 (d).
The list of permissible reasons for driving will be listed on the back of the limited driving permit when issued.
The list of permissible reasons for driving is strict. For example, a limited driving permit does not allow a person to drive to the grocery store for groceries, to a restaurant, to the movies, or to drive a family member who has their own driver's license to obtain medical care for that family member.
What happens if I drive for a reason not allowed by the limited driving permit?
A person driving for any reason no allowed by the limited driving permit is guilty of a misdemeanor. OCGA § 40-5-64 (j). Upon being convicted of this or any other moving violation, the limited driving permit will be revoked, and DDS may impose an additional period of suspension. OCGA § 40-5-64 (g). Any person whose limited driving permit has been revoked shall not be eligible to apply for a driver's license until 6 months from the date such permit was surrendered to DDS. OCGA § 40-5-64 (g)(2). For these reasons, if a person receives a speeding ticket on a limited driving permit, it is wise to avoid paying the ticket or pleading guilty to any moving violation prior to having one's license fully reinstated first.
What are the eligibility requirements for obtaining a limited driving permit for a first DUI?
-The person must be 21 years of age or older at the time of the conviction. OCGA § 40-5-57.1 (e)
-A limited driving permit is not available for driving a commercial motor vehicle. Ga. Comp. R. & Regs. 375-3-11-.21 (2).
-The person must be licensed to drive in Georgia. A limited permit is unavailable for someone with an out of state driver's license. Ga. Comp. R. & Regs. 375-3-3-.10
-A limited driving permit is only valid for driving within the State of Georgia as DDS has no jurisdiction to grant limiting driving privileges elsewhere.
-The person must not have any other license suspension in effect (aside from the single DUI suspension). See OCGA § 40-5-64 (a)(3) for the one narrow exception.
-For example, a person with an administrative license suspension for refusing to submit to a blood or breath test after being placed under arrest (and read implied consent) is ineligible for a limited driving permit for the first DUI suspension. See OCGA § 40-5-67.1 (d)
-If a person is convicted of two or more offenses that each require a license suspension, even if they are just different counts from the same case, they are still considered separate license suspensions and the person is not eligible for a limited driving permit.
See OCGA § 40-5-63 (a), clarifying "each charge for which a conviction was obtained shall be treated as a separate transaction for the purpose of imposing a license suspension hereunder, even if said convictions arise from a single incident..."
Example: A person is convicted for the first time of DUI and Child Endangerment for driving a child while DUI (violations of OCGA § 40-6-391(a) and (l)). That person is not eligible for a limited driving permit even though it is their first DUI, as each offense creates a separate license suspension.
Another example: A person convicted in a single case of Hit and Run and DUI is not eligible for a limited driving permit, as each offense creates a separate license suspension. See OCGA § 40-5-54 (a), listing Hit and Run as one of several offenses requiring a license suspension.
How does an eligible person actually obtain the limited driving permit?
DDS must first be informed of the conviction. This happens either when the clerk's office transmits the conviction to DDS (normally between 1-10 days) or the judge signs form DDS-1126 (First DUI Conviction Permit Referral) for you to take to DDS.
DDS-1126 First DUI Conviction Permit Referral If the judge is willing to sign the permit referral, that can often help you get the limited permit the same day as the conviction. Just remember that you will need someone else to drive you to DDS after your conviction, as your license is suspended and you cannot drive until you obtain a limited driving permit.
Fill out the Limited Permit Application Form. However, don't sign the application until you're at DDS, as it must be notarized. DDS will provide you with this form if you do not obtain it or fill it out in advance.
Application for Limited Driving Permit Pay a $32 limited driving permit fee.
-The limited permit expires after one year and may be renewed upon payment of a $10 renewal fee. OCGA § 40-5-64 (e)(3). However, you should have your license fully reinstated well before then.
How can I get my license fully reinstated after a first DUI conviction?
A person with no other suspensions is eligible for full reinstatement of their driver's license after a first DUI conviction in 5 years:
-120 days after their conviction
-upon providing DDS proof of completing a DUI Alcohol or Drug Use Risk Reduction Program
-and paying a $210 reinstatement fee
This means that you should only need to use your limited driving permit for the first 4 months of the suspension before you are able to have all of your driving privileges fully restored.
If you need help with a DUI in Newnan or Coweta County, call Robert at (678) 345-8855 or send a message for a free consultation.