The Georgia General  Assembly has made two  important changes to the state’s DUI laws that go in affect today.  According to The Times-Georgian.com the changes are:

The limited permit for first offenders

Under SB 236, which becomes effective on Jan. 1, 2013, first time DUI offenders (or first in five years) who are 21 or older will be eligible for a hardship permit that allows them more freedom in driving. The new law will allow those convicted of a first DUI in five years to apply for a hardship or limited driving permit that allows them to drive:

1. to a place of employment;

2. to receive medical care or obtain prescription drugs;

3. to attend college or school;

4. to attend meetings of support and treatment groups (AA, NA etc.);

5. to attend a court ordered driving or alcohol drug course program (DUI School);

6. to attend court, report to a probation officer, and perform community service hours included in a DUI sentence; and

7. to transport an immediate family member without a license to work, medical care, prescriptions or school.

Under the old law, those last two activities were not included under a limited permit. This put many people convicted of DUI at an extreme hardship for performing routine, day-to-day activities. To obtain a hardship permit, you must still go to a DDS facility that issues the permit and show that the failure to issue the permit would cause you an extreme hardship.

The expanded permit for second and in five offenders

One of the worst consequences of having a second DUI in five years is that the person must serve a “hard suspension” for 12 months with no limited permit at all. The new law changes this situation dramatically.

Under the new law, the convicted driver will serve a “hard” suspension for 120 days. After that, the driver may obtain an ignition interlock limited driving permit if the person can show:

1. that he or she has completed a DUI Alcohol or Drug Risk Reduction program;

2. that he or she has completed a clinical evaluation and enrolled in a substance abuse treatment program approved by the Department of Human Services or is enrolled in a drug court program;

3. that he or she has installed an ignition interlock device in any vehicle that he or she will be operating; and

4. that he or she obtains a certificate of eligibility for an ignition interlock limited driving permit or probationary license from the court that sentenced the person for the conviction that resulted in the suspension.

However, the permit for second in five drivers is much more limited than the above mentioned first-offender permit.

Drivers may use this permit only for the following purposes:

1. going to his or her place of employment;

2. attending a college or school at which he or she is regularly enrolled as a student;

3. 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

4. going to monthly monitoring visits with the permit holder’s ignition interlock device service provider.

Although the permit for second DUI offenders within five years is more restrictive than the one given for a first DUI conviction within five years, the driver can at least have the opportunity to obtain treatment, go to school or work, and function rather normally in society. This was not the case with the old law with its 12 month “hard suspension.”

I am very pleased with the two major changes provided by SB 236. This legislation falls right in line with Governor Deal’s focus on the treatment aspect in our criminal justice system that is appropriate for many of our citizens.

Read more:Times-Georgian – Georgia’s new DUI law