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2000 Legislative Changes A DUI Guy Interpretation of the Latest Changes to Georgia DUI Law |
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By J.
Michael Mullis, Attorney at Law, The DUI Guy Georgia DUI Lawyer 1-877- 638-4489 (Toll Free - 24 Hours) Offices in Atlanta, Athens, and Valdosta |
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GEORGIA
DUI LAW CLICK HERE TO READ THE UP-TO-DATE VERSION OF GEORGIA DUI LAW IN PLAIN ENGLISH
Effective
May 1, 2000 Last year the Georgia Legislature passed Senate Bill 164 also known as Heidi's Law. This was a poorly drafted conglomeration of legislation. The 2000 legislature has attempted to fix Heidi's Law through House Bill 1458. The House passed the Bill on February 23 and the Senate passed it on March 9. It was sent to the Governor on March 27. The Governor signed the Bill on May 1, 2000. House
Bill 1458 is eighteen pages long and modifies fifteen different Code
Sections. It's a tough read
even for someone who specializes in DUI defense.
Below is my interpretation of the Bill.
This document deals only with the changes to the code sections.
It does not attempt a full analysis or discussion of the modified
code sections. It
remains to be seen whether certain sections of this legislation will
withstand constitutional and/or other attacks.
I welcome any input or questions.
You may contact me at
info@duiguy.com. This
code section pertains to license revocations for drivers under age 21. A
new subsection has been added (b.1).
Under existing law, if a driver under age 21 had his/her
license suspended administratively, the driver received no credit for the
administrative suspension toward any license suspension pursuant to this
code section. Under (b.1),
any administrative suspension may run concurrently and any administrative
suspension shall apply toward any license suspension pursuant to this code
section. Language
was added to subsections (c) and (d) providing that no new license
reinstatement fee is required if the driver's license had been suspended
administratively for an offense for which the license may be revoked under
this code section if the driver previously paid the restoration fee for
the administrative suspension. This
subsection pertains to periods of suspension for DUI and Other Serious
Traffic Offenses. Under
existing law, for a
second DUI within a five-year period, the period of license suspension is
for three years. At the end
of 120 days, subject to certain conditions, the driver could apply for
reinstatement. Under the
language of HB 1458, subject to conditions discussed below, for a
second DUI within a five-year period, the period of license suspension is
still three years, but cannot be reinstated for ten months. This
code section pertains to clinical evaluations and treatment programs. Reinstatement
of the driver's license after 120 days for anyone enrolled in alcohol
treatment for a second DUI within a five year period is no longer allowed. This
code section pertains to limited driving permits. Subsection
(a) now has two parts. (a)(2)
is the new section and allows for a limited driving permit for any
person whose license has been suspended and who is required, as a
condition of probation, to use an ignition interlock device (hereinafter
IID). Under
subsection (e), HB
1458 provides that a limited driving permit issued for use with an
IID is good for six months. The
purpose of this six-month permit will become evident as you read further. Subsection
(g)(1) is now divided
into two subparts. Now, not
only will an IID limited permit be revoked upon conviction of a moving
traffic violation (g)(1)(a), it will also be revoked for failure of
someone convicted of two or more DUIs within five years to attend and
complete evaluation and treatment (g)(1)(b). According
to (g)(2), if the IID
limited permit is revoked for a conviction of a moving traffic violation,
the revocation will run for six month from the date of surrender of the
IID limited permit. Furthermore,
if the conviction is for license suspension violation, that suspension
will be in addition to the six month revocation. This
code section pertains to driver's licenses suspended administratively
pursuant to OCGA § 40-5-67.1 (implied consent violations). Under
subsection 2(c), an
administrative suspension for having an unlawful blood alcohol level (.10
or higher) for a second DUI within a five-year period will result in a
three year license suspension (same as before).
However, rather than the prior wait of 120 days for reinstatement,
the wait is now ten months. This
code section pertains to purchase or lease of IID by counties,
municipalities or private entities. It
also pertains to participation by indigents. Under
subsection (e), if a
political subdivision buys or leases IID from a private entity, the county
or municipality must allow indigents to participate in the program.
Presumably, if a private entity administers the IID program on its
own, there is no provision for indigents. This
code section pertains to court ordered installation of Ignition Interlock
Devices. Subsection
(a) provides that for
a second or subsequent DUI conviction within a five-year period of a Georgia
resident, the sentencing court shall order, as a condition of
probation, installation of an IID for the applicable six-month period.
(Note that pursuant to OCGA 40-5-64, the IID limited permit is
valid for six months. However, the Department of Public Safety will issue
the permit for the amount of time listed in the court order. For example,
if the sentencing court orders IID for ten months, the DPS will issue a
ten month IID limited permit. I'm
not sure how the DPS is going to square the issuance of an IID permit for
a period of longer than six months in light of 40-5-64 (e)).
In the case of a third in five DUI where the person has achieved
the lofty status of being an Habitual Violator, the IID permit begins when
the person obtains his/her probationary license (two years after the
conviction). On
a second in five DUI, this subsection allows the judge the discretion
either to order an IID (this allows the defendant to get the IID permit
four months after the conviction), or to rule that defendant is not
eligible for the limited IID permit in which case his/her license will be
suspended for the full ten months with no limited permit.
If the judge orders no permit for the full ten months, no
requirement for the IID attaches. Subsection
(b) provides that a
Georgia resident ordered to get the IID must complete DUI school, obtain a
certificate of installation of the IID, and submit those items to the
court or probation department. Subsection
(c)(2) provides that
in the absence of a specific court order prohibiting the IID limited
driving permit, the DPS records will show that an IID is required. Subsection
(c)(3) provides that
the court shall include a specific prohibition of the IID limited driving
permit in the record submitted to the DPS. Ignition
Interlock Device requirements continued. Subsection
(a) says that if the
sentencing court imposes an IID requirement on a resident whose driving
privilege is not suspended or revoked, that person must suspend his/her
license immediately and provide proof of compliance with the court order
to the probation officer within thirty days of the order.
After expiration of the IID term, the resident can get his/her
license back. Subsection
(b)(1) provides that
when the IID requirement is imposed on a Georgia resident whose license is
suspended or revoked, proof of compliance shall be provided to the court
or probation officer and the DPS not later than the date on which the
suspension or revocation concludes. Furthermore,
absent a court's finding of good cause for failure to comply, the court
shall revoke or terminate the probation. Subsection
(b)(2) provides that
in order to have his/her license reinstated, a person ordered to have the
IID installed must have it installed and maintained for the six months
concurrent with the IID limited permit.
This subsection also provides that in order to obtain the IID
limited permit, the person must complete DUI School, complete evaluation,
show proof of enrollment in the treatment program, and show proof of
installation of the IID. After
a 120 day hard suspension, he/she may then apply for the IID limited
permit. Then, after the six
month IID permit expires, if he/she otherwise qualifies, may have regular
license reinstated. Subsection
(b)(3) provides that
an habitual violator must have the IID installed for the first six months
of the probationary license. Subsection
(b)(4) says that
noncompliance with a court order requiring an IID will result in continued
suspension/revocation of the driver's license Subsection
(c) requires the IID
provider to inform the court (or DPS in the event the driver is not on
probation - HV probationary license for example) of any tampering. Someone
under a court order to have an IID installed must notify any person
leasing or lending him/her a vehicle of the IID requirement. Failure
to comply with a court order requiring the installation of an IID pursuant
to an order of probation granted on or after May 1, 1999 but prior to the
effective date of this code section is not grounds for license suspension
or revocation, revocation of probation, refusal to issue an HV
probationary license, or refusal to reinstate a driver's license unless
the probation order unequivocally conditions probation upon the
installation of the IID. OUCH If
a person violates the terms of probation requiring the IID, that person's
driving privilege will be revoked for one year from the date that
the person's probation is revoked. If
the person violates the terms of probation required the IID a second time
during the same period of probation, the driving privilege is revoked
for five years from the date of the probation revocation. Asking
another to blow into the IID, the act of blowing, tampering or otherwise
circumventing the IID is a misdemeanor. The preceding Synopsis of House Bill 1458 is copyrighted material of DUIGUY.COM. You may download, use it and even disseminate it as long as you give proper credit to J. Michael Mullis, Attorney at Law and DUIGUY.COM. You may quote excerpts on your web site if you give proper credit to J. Michael Mullis, Attorney at Law and a link to DUIGUY.COM. Lt.
Dan Spruiell, Court Liaison, Driver Services, Georgia Department of Public
Safety prepared the following synopses on the changes to Heidi's Law and
other legislation. Any
attorney wanting to contact Lt. Spruiell should call the Georgia
Department of Public Safety for his number. Changes
in Heidi’s Law 1. The device will be calibrated so that the vehicle will not start if the blood alcohol concentration of the operator exceeds .02 grams or if the sample is not of human origin. 42-8-110 (a). 2.
Licensee is required to pay for installing and removing the
interlock device. They may
also be required to pay a security deposit for the device.
42-8-110 (d). Payment
of fees and deposits may be made a condition of probation under the court
order. 3. The court shall order the use of the interlock device for a period of not less than 6 months or the court may in lieu of ordering such installation, order that such person shall not be eligible for any limited driving permit prior to license reinstatement. 42-8-111 (a). The licensee shall not be eligible to apply for license reinstatement for a full ten (10) months following the effective date of the suspension. 40-5-67.1. 4.
The court order must state that the device is required and
the length of time the device is required.
42-8-111 (c) 5.
Heidi’s Law now applies to second or subsequent conviction
of DUI within a five-year period. 42-8-111
(a) This requires all drivers that are affected by Heidi’s Law to be
clinically evaluated and complete treatment before their drivers
license can be reinstated. 40-5-63.1 6.
The court must clearly prohibit the licensee from being eligible
for any limited permit prior reinstatement, or DPS shall require the
installation and use of an interlock device.
42-8-111 (c)(2) 7.
If ignition interlock is ordered by the court, no interlock limited
driving permit shall be issued until such person submits proof to the
department of completion of a DUI Drug use risk reduction program and proof
of having undergone clinical evaluation and of having enrolled in
the treatment program. 42-8-112
(b)(2). 8.
The 30-day hard suspension of Heidi’s Law is now 120-days
hard suspension. 40-5-63
(a)(2). This harmonizes with Chapter 5 – Title 40. 9.
DPS now has the authority to revoke the limited permit of
anyone who fails to attend or complete treatment.
40-5-64 (g)(1)(B). 10.
A person under the age of 21 now only has to pay one reinstatement
fee if they have an ALS suspension and a DUI revocation.
The time of the suspension for ALS and the time of revocation for
DUI will run concurrently and any completed portion of the ALS suspension
shall apply toward the revocation period.
40-5-57.1. 11.
Heidi’s Law now applies to Georgia residents only.
42-8-111 (b) 12.
A Habitual Violator will now have to have an interlock device
installed and maintained for a period of six months following the issuance
of the probationary license. During
such six-month period, the HV driver shall not drive any motor vehicle
that is not so equipped. 42-8-112 (b)(3) 13.
The court or probation officer must be notified in writing within
five (5) days if device shows evidence of tampering.
42-8-112(c) 14.
An employer or company vehicle is no longer exempt from Heidi’s
Law. This portion of 42-8-114
was eliminated. 15.
No Judicial officer, probation officer, law enforcement officer,
bail bondsman or employee of a court shall be authorized to own, operate
or be employed by an interlock provider center.
42-8-114 (a). 16.
If a person failed to install an interlock device between May 1,
1999 and the effective date of this law, it shall not be grounds for
suspension or revocation of driving privileges or refusal to reinstate
driver’s license. 42-8-116.1
(1) 17.
If a person installed an interlock device between May 1, 1999 and
the effective date of this law, any lack of certification of the device or
the provider center shall not be grounds for suspension or revocation of
driving privileges or refusal to reinstate driver’s license.
42-8-116.1 (2). 18.
If DPS is notified that the licensee has violated probation, the
driver’s license will be revoked for one (1) year for the first
violation 42-8-117 (a) and for five (5) years for the second violation.
If the court notifies DPS of a violation of probation, it shall be
done in the form of a court order. 42-8-117
(b) Public
Safety Legislation Tracking Document House
Bills/Resolutions: HB
115 – Provides for
replacement cost of driver’s license and permits to be $5 instead of
$15. The issue of the
replacement license or permit shall be for the time remaining on the
original license or permit. (40-5-31)
PASSED Effective 7-1-00 HB
496 – Provides for
changes in criteria for eligibility for special license plates and parking
permits for persons with disabilities and changes in the material that is
used to produce parking permit that is issued to such persons. HB
587 – Provides for
the replacement cost of a HV probationary license to be changed from
$210/200 to $15. (40-5-58) PASSED
Effective 7-1-00 HB
823 – Provides that
any vehicle dealer shall issue a temporary license plate to the purchaser
of a new or used vehicle, and that such plate shall be displayed on the
rear of the vehicle while being operated on public streets or highways.
This also provides that the license plate must be turned in to
local tag office when purchaser registers the vehicle.(40-2-8) PASSED
Effective 7-1-00 HB
905 – Provides for
the separate offense of attempting to remove a firearm, chemical spray or
baton from the possession of an officer.
Provides for punishment, upon conviction, of not less than one year
and not more than five years imprisonment or a fine of not more than
$10,000 or both. (16-10-33) PASSED
Effective 7-1-00 HB
1180 – Provides for
further limitations on driving on left of center of roadway.
This also provides for passing in an intersection except where
clearly marked by a solid barrier line on the right hand element of a
combination stripe along the center or lane line or by a solid double
yellow line. This further
prohibits driving on left of center of roadway at any railroad grade
crossing. (40-6-45) This also
provides that a violator must sign the citation or they will by required
to post a cash bond. (40-13-2.1)
This also provides for changes to the DPS regulations governing
disqualifications for certain disorders (epilepsy) and disabilities
related to reports by physicians and vision specialists when persons are
found to be unqualified to be licensed.
(40-5-35) This also provides that all law enforcement agencies
shall wear identifiable and similar uniforms.
This further provides that all law enforcement agencies must place
a visible blue light on the roof of vehicles when pursuing a traffic law
violator. This code section
shall not apply to law enforcement officers operating vehicles
manufactured prior to 2001. (40-1-6)
(40-1-7) Provides for changes in signage required in construction zones.
Redefines “highway work zone” and “work zone personnel.”
This also provides for the fine for speeding in a construction zone
to be not less than $100 and not more that $2,000.(40-6-188) (40-14-9) PASSED
Effective 7-1-00 HB
1229 – Provides for
the transfer of duties involving the sale, distribution or possession by
minors of cigarettes and tobacco related objects from the Department of
Public Safety to the office of the State Revenue Commissioner.
(16-12-175) (16-12-176) PASSED Effective 7-1-00 HB
1392 – Provides for
the elimination of the exemption for certified law enforcement officers
from the State Brady Law. (16-11-181)
PASSED Effective upon approval of the Governor HB
1441 – Provides for
the creation of the Department of Motor Vehicle Safety and for the
Commissioner of the Department of Motor Vehicle Safety.
This further provides for the creation of the Board of Motor
Vehicle Safety. (Title 32,
Title 40, Title 45, Title 46 and Title 48)
PASSED Effective 7-1-00 HB
1458 – Provides for
significant changes to “Heidi’s Law.”
“Ignition interlock” Senate
Bills/Resolutions: SB
69 – Provides for
changes relating to requirements for issuance of motor vehicle liability
insurance policies, so as to provide for certain policy issuance, renewal,
or replacement reporting requirements.
This further provides for the electronic transmission of insurance
information to the Department of Public Safety. SB
211 - Provides for the
inclusion of sports utility vehicles in the requirements for seatbelt
usage. (40-8-76.1) PASSED
Effective 7-1-00 SB
342 – Provides that
not wearing protective headgear and eye-protective devices shall not be a
criminal act and shall not be a moving traffic violation.
(40-6-315) PASSED Effective 7-1-00 SB
376 – Provides that
a law enforcement officer may not use a person’s race or ethnicity to
form probable cause or reasonable suspicion of a violation.
(40-1-6) PASSED Effective 7-1-00 SB
458 – Provides that
it shall be unlawful to operate any school bus that is transporting
children unless the driver is equipped with certain communication
equipment. (40-6-161). PASSED
Effective 7-1-00 SB
474 – provides that
the Department of Corrections shall not have jurisdiction to supervise
probated or suspended sentences in misdemeanor cases.(17-10-3) (42-8-22)
(42-8-23) (40-8-80) (42-8-81) PASSED Effective 1-1-0
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