§ 42-8-112 — Timing for issuance of ignition interlock device limited driving permit; documentation required; reporting requirement

(a) (1) In any case where the court grants a certificate of eligibility for an ignition interlock device limited driving permit or probationary license pursuant to Code Section 42-8-111 to a person whose driver's license is suspended pursuant to subparagraph (c)(2)(C) of Code Section 40-5-57.1 or paragraph (2) of subsection (a) of Code Section 40-5-63 , the Department of Driver Services shall not issue an ignition interlock device limited driving permit until after the expiration of 120 days from the date of the conviction for which such certificate was granted. (2) The Department of Driver Services shall condition issuance of an ignition interlock device limited driving permit for such person upon receipt of acceptable documentation of the following: (A) That the person to whom such permit is to be issued has completed a DUI Alcohol or Drug Use Risk Reduction Program certified by the Department of Driver Services; (B) That such person has completed a clinical evaluation as defined in Code Section 40-5-1 and enrolled in a substance abuse treatment program approved by the Department of Human Services or is enrolled in a drug court program; (C) That such person has installed an ignition interlock device in any vehicle that he or she will be operating; and (D) A certificate of eligibility for an ignition interlock device limited driving permit or probationary license from the court that sentenced such person for the conviction that resulted in the suspension or revocation of his or her driver's license for which he or she is applying for a limited driving permit or probationary license. (b) (1) In any case where the court grants a certificate of eligibility for an ignition interlock device limited driving permit or probationary license pursuant to Code Section 42-8-111 to a person whose driver's license is revoked as a habitual violator pursuant to Code Section 40-5-58 , the Department of Driver Services shall not issue a habitual violator probationary license until after the expiration of two years from the date of the conviction for which such certificate was granted. (2) The Department of Driver Services shall condition issuance of a habitual violator probationary license for such person upon receipt of acceptable documentation of the following: (A) That the person to whom such probationary license is to be issued has completed a DUI Alcohol or Drug Use Risk Reduction Program certified by the Department of Driver Services; (B) That such person has completed a clinical evaluation as defined in Code Section 40-5-1 and enrolled in a substance abuse treatment program approved by the Department of Human Services or is enrolled in a drug court program; (C) That such person has installed an ignition interlock device in any vehicle that he or she will be operating; and (D) A certificate of eligibility for an ignition interlock device limited driving permit or probationary license from the court that sentenced such person for the conviction that resulted in the suspension or revocation of his or her driver's license for which he or she is applying for a limited driving permit or probationary license. (3) In any case where installation of an ignition interlock device is required, failure to show proof of such device shall be grounds for refusal of reinstatement of such license or issuance of such habitual violator's probationary license or the immediate suspension or revocation of such license. (4) Any limited driving permit or probationary license issued to such person shall bear a restriction reflecting that the person may only operate a motor vehicle equipped with a functional ignition interlock device. No person whose limited driving permit or probationary license contains such restriction shall operate a motor vehicle that is not equipped with a functional ignition interlock device. (5) (A) Any person who has been issued an ignition interlock device limited driving permit or a habitual violator probationary license bearing an ignition interlock device condition shall maintain such ignition interlock device in any motor vehicle he or she operates to the extent required by the certificate of eligibility for such permit or probationary license issued to such person by the court in which he or she was convicted for not less than one year. (B) Upon the expiration of such one-year ignition interlock device limited driving permit or habitual violator probationary license, the driver may, if otherwise qualified, apply for renewal of such permit or probationary license without such ignition interlock device restriction. (c) Each resident of this state who is required to have an ignition interlock device installed pursuant to this article shall report to the provider center every 30 days for the purpose of monitoring the operation of each required ignition interlock device. If at any time it is determined that a person has tampered with the device, the Department of Driver Services shall be given written notice within five days by the community supervision officer, the court ordering the use of such device, or the interlock provider. If an ignition interlock device is found to be malfunctioning, it shall be replaced or repaired, as ordered by the court or the Department of Driver Services, at the expense of the provider. (d) (1) An ignition interlock provider shall notify the Department of Driver Services if a person required by subsection (c) of this Code section fails to report to the provider as required, receives an unsatisfactory report from the provider, or requests the provider remove the ignition interlock device at any time during the ignition interlock device limited driving permit period, and the Department of Driver Services shall revoke such person's permit immediately upon receipt of such notification. Except as provided in paragraph (2) of this subsection, within 30 days after such revocation, the person may make a written request for a hearing and remit to the Department of Driver Services a payment of $250.00 for the cost of the hearing. Within 30 days after receiving a written request for a hearing and a payment of $250.00, the Department of Driver Services shall hold a hearing as provided in Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." The hearing shall be recorded. (2) Any person whose ignition interlock device limited driving permit was revoked on or before July 1, 2004, for failure to report or failure to receive a satisfactory report may make a written request for a hearing and remit to the Department of Driver Services a payment of $250.00 for the cost of the hearing. Within 30 days after receiving a written request for a hearing and a payment of $250.00, the Department of Driver Services shall hold a hearing as provided in Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." The hearing shall be recorded. (3) If the hearing officer determines that the person failed to report to the ignition interlock provider for any of the reasons specified in this paragraph, the Department of Driver Services shall issue a new ignition interlock device limited driving permit that shall be valid for a period of one year to such person. Such reasons shall be for providential cause and shall include, but not be limited to, the following: (A) Medical necessity, as evidenced by a written statement from a medical doctor; (B) The person was incarcerated; (C) The person was required to be on the job at his or her place of employment, with proof that the person would be terminated if he or she was not at work; or (D) The vehicle with the installed interlock device was rendered inoperable by reason of collision, fire, or a major mechanical failure. (4) If the hearing officer determines that the person failed to report to the ignition interlock provider for any reason other than those specified in paragraph (3) of this subsection, or if the person received an unsatisfactory report from the provider, after the expiration of 120 days the person may apply to the Department of Driver Services and the Department of Driver Services shall issue a new ignition interlock device limited driving permit to such person. (5) This subsection shall not apply to any person convicted of violating Code Section 42-8-118 .

Legislative History

Amended by 2016 Ga. Laws 408,§ 1-8, eff. 7/1/2016. Amended by 2015 Ga. Laws 73,§ 5-73, eff. 7/1/2015. Amended by 2015 Ga. Laws 21,§ 5-1, eff. 7/1/2015. Amended by 2015 Ga. Laws 9,§ 42, eff. 3/13/2015. Amended by 2014 Ga. Laws 624,§ 1-20, eff. 7/1/2014. Amended by 2013 Ga. Laws 280,§ 4, eff. 7/1/2013. Amended by 2012 Ga. Laws 579,§; 7, eff. 1/1/2013. Amended by 2005 Ga. Laws 68,§; 24-5, eff. 7/1/2005. Amended by 2005 Ga. Laws 19,§; 42, eff. 4/7/2005. Amended by 2004 Ga. Laws 555, §; 1, eff. 7/1/2004. Amended by 2003 Ga. Laws 353, § 8, eff. 7/1/2003. Amended by 2002 Ga. Laws 462, § 42, eff. 4/18/2002. Amended by 2001 Ga. Laws 161, §1-9, eff. 7/1/2001.