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404-881-8866
75 W. Wieuca Road NE
Atlanta, Georgia 30342

GA Drivers License Will Be Suspended For Felony or Misdemeanor Drug Convictions

What will happen to a GA Drivers License After a Felony or Misdemeanor Marijuana Conviction?

A conviction for a misdemeanor drug offense will result in the loss of one’s GA driver's license for a minimum of six months and as much as five years with no limited driving permit allowed.

Imagine the following scenario: You and a friend are walking down the street from your house minding your own business. You are not breaking any criminal laws except that you have less than an ounce of marijuana in your possession. Police officers stop you and your friend because you fit the general description of two individuals who held up a local convenience store. The officers frisk you and your friend for the firearm allegedly used in the commission of the robbery at the local convenience store. While the officers pat you down they discover the marijuana in your possession. The officers can now arrest you for possession of less than an ounce of marijuana even if it turns out that you and your friends were not the actual robbery suspects. If you enter a guilty plea or are found guilty at trial for the marijuana charge, you will lose your driver's license for a minimum of 180 days.

How does the process work in every jurisdiction within the State of Georgia?

If you are convicted at trial or enter a guilty plea to a marijuana charge in the state of GA, you will receive notice of suspension of your GA drivers license or privilege to drive in GA.  Unlike other convictions that cause a mandatory license suspension (such as DUI, Driving with a Suspended License, etc.), pursuant to O.C.G.A. §40-5-75(i), all suspensions for a controlled substance violation committed on or after January 1, 2008 will run consecutively to any other type of suspension on the record on the date of disposition.  So, if you have active suspensions on your record and you are convicted of a controlled substance violation, the controlled substance suspension will not become effective until all previously existing suspensions are reinstated.  If you have no active suspensions and you are convicted of a controlled substance violation and another mandatory suspension violation arising from the same incident, they will both run concurrently (at the same time) on the record.  If you have a controlled substance suspension in effect on your record, and you are subsequently convicted of a non-controlled substance offense, that new suspension may run concurrently (at the same time) to the suspension in effect.

Any person not licensed in the state of GA at the time of disposition will receive a suspension of their out-of-state drivers license upon conviction of a controlled substance violation.  However, for the purpose of eligibility towards reinstatement, the time accrual will not begin unless/until they make application for reinstatement with the DDS.  Anyone convicted of a controlled substance violation should contact DDS directly after disposition to get information concerning a reinstatement application and reinstatement eligibility.

Penalties:

1st Marijuana Possession Conviction Within 5 Years

  • Driver License Suspension – 180 days beginning on the date of conviction
  • Limited Driving Permit – None
  • Reinstatement Requirements:
  • Completion of a Department of Driver Services approved DUI Alcohol or Drug Risk Reduction Program; and
  • Payment of $210.00 reinstatement fee (or $200.00 if processed by mail)

2nd Marijuana Possession Conviction Within 5 Years

  • Suspension - 1 year beginning on the date of conviction
  • Limited Driving Permit - None
  • Reinstatement Requirements:
  • Completion of a Department of Driver Services approved DUI Alcohol or Drug Risk Reduction Program; and
  • Payment of $310.00 reinstatement fee (or $300.00 if processed by mail)

3rd Marijuana Possession Conviction Within 5 Years

  • Suspension - 5 years beginning on the date of conviction
  • Limited Driving Permit - Yes, however only after 2 years of a mandatory suspension if you have not been convicted or plead nolo contendere to any drug related offense, including driving under the influence, for a period of two years immediately preceding the application for a permit.
  • Completion of a licensed drug treatment program approved by Department of Driver Services
  • Reinstatement Requirements:
  • Completion of a Department of Driver Services approved DUI Alcohol or Drug Risk Reduction Program; and
  • Payment of $410.00 reinstatement fee (or $400.00 if processed by mail)

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Arora & LaScala
75 W. Wieuca Road NE
Atlanta, Georgia, 30342 USA
404-881-8866