Notwithstanding any other provision of law, if a child under 16 years of age is adjudicated delinquent of driving under the influence of alcohol or drugs or convicted in any other court of such offenses, the court shall order that the privilege of such child to apply for and be issued a driver’s license or learner’s permit shall be suspended and delayed until such child is 17 years of age for a first conviction and until such child is 18 years of age for a second or subsequent such conviction. Upon reaching the required age, such license privilege shall be reinstated if the child submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program or an assessment and intervention program approved by the juvenile court and pays a reinstatement fee to the Department of Driver Services. The reinstatement fee for a first such conviction shall be $210.00 or $200.00 if paid by mail. The reinstatement fee for a second such conviction shall be $310.00 or $300.00 if paid by mail. The reinstatement fee for a third or subsequent such conviction shall be $410.00 or $400.00 if paid by mail. The court shall notify the department of its order delaying the issuance of such child’s license within 15 days of the date of such order. The department shall not issue a driver’s license or learner’s permit to any person contrary to a court order issued pursuant to this Code section.
History. Code 1981, § 40-5-22.1 , enacted by Ga. L. 1990, p. 1148, § 1; Ga. L. 1992, p. 2785, § 5; Ga. L. 2000, p. 951, § 5-6; Ga. L. 2005, p. 334, § 17-5/HB 501; Ga. L. 2009, p. 679, § 1/HB 160; Ga. L. 2016, p. 443, § 4-2/SB 367.
The 2016 amendment, effective July 1, 2016, deleted “or of possession of marijuana or a controlled substance in violation of Code Section 16-13-30 or of the unlawful possession of a dangerous drug in violation of Code Section 16-13-72” following “alcohol or drugs” in the middle of the first sentence of this Code section.
Law reviews.
For note on 1990 enactment of this Code section, see 7 Ga. St. U.L. Rev. 337 (1990).
For article on the 2016 amendment of this Code section, see 33 Georgia St. U. L. Rev. 139 (2016).
Structure Georgia Code
Title 40 - Motor Vehicles and Traffic
Article 2 - Issuance, Expiration, and Renewal of Licenses
§ 40-5-20. License Required; Surrender of Prior Licenses; Local Licenses Prohibited
§ 40-5-21. Exemptions Generally
§ 40-5-23. Classes of Licenses
§ 40-5-24. Instruction Permits; Graduated Licensing and Related Restrictions; Temporary Licenses
§ 40-5-25. Applications; Fees; Provisions for Voluntary Participation in Various Programs
§ 40-5-27. Examination of Applicants
§ 40-5-28.1. Use of Social Security Numbers
§ 40-5-29. License to Be Carried and Exhibited on Demand
§ 40-5-30. Restricted Licenses
§ 40-5-31. Replacement Permits or Licenses
§ 40-5-32. Expiration and Renewal of Licenses; Reexamination Required
§ 40-5-33. Change of Address or Name
§ 40-5-34. Driver License Advisory Board
§ 40-5-36. Veterans’ Licenses, Honorary Licenses, and Other Distinctive Licenses
§ 40-5-37. Expiration of Active Duty Service Members’ Licenses