Georgia Code
Article 3 - Cancellation, Suspension, and Revocation of Licenses
§ 40-5-67. Seizure and Disposition of Driver’s License of Persons Charged With Driving Under the Influence; Issuance of Temporary Driving Permit; Disposition of Cases

History. Code 1981, § 40-5-69 , enacted by Ga. L. 1983, p. 1000, § 1; Code 1981, § 40-5-67 , as redesignated by Ga. L. 1990, p. 2048, § 4; Ga. L. 1992, p. 2564, § 5; Ga. L. 1994, p. 1600, § 2; Ga. L. 1997, p. 760, § 19; Ga. L. 2000, p. 951, § 5-28; Ga. L. 2016, p. 323, § 1-3/HB 205.
The 2016 amendment, effective July 1, 2017, designated the existing provisions of the introductory paragraph of subsection (b) as paragraph (b)(1); redesignated former paragraphs (b)(1) through (b)(3) as present subparagraphs (b)(1)(A) through (b)(1)(C), respectively; substituted “45 day” for “30 day” in subparagraphs (b)(1)(A) and (b)(1)(B); designated the ending paragraph of subsection (b) as paragraph (b)(2), and, in paragraph (b)(2), in the first sentence, substituted “A temporary” for “This temporary” at the beginning, and inserted “issued under this subsection”, substituted “such temporary” for “the temporary” in the second sentence, and substituted “expiration of a temporary driving permit” for “expiration of the temporary permit” in the last sentence.
Editor’s notes.
Ga. L. 1994, p. 1600, § 11, not codified by the General Assembly, provides that the provisions of the Act shall apply only to cases arising out of arrests occurring on or after January 1, 1995, except that the provisions amending subsection (a) of Code Section 40-6-391.1, restricting the acceptance of a plea of nolo contendere to a charge of violating Code Section 40-6-391, and the provisions amending subsection (c) of Code Section 40-6-391, changing the criminal penalties for violations of the section, shall become effective July 1, 1994, and except that the provisions amending subsection (g) of Code Section 40-5-67.1, relating to the time for requesting a hearing on an administrative suspension, the stay of a suspension pending such hearing, and the early termination of an administrative suspension under certain conditions shall apply to cases pending on July 1, 1994.
Ga. L. 1997, p. 760, § 1, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘Teen-age and Adult Driver Responsibility Act’. ”
Ga. L. 1997, p. 760, § 27, not codified by the General Assembly, provides that the amendment made by the Act to this Code section shall apply to offenses committed on or after July 1, 1997, and shall not apply to offenses committed prior to that date.
Law reviews.
For note on 1992 amendment of this Code section, see 9 Ga. St. U.L. Rev. 298 (1992).
For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 203 (1997).
For note, “Rodriguez v. State: Addressing Georgia’s Implied Consent Requirements for Non-English-Speaking Drivers,” see 54 Mercer L. Rev. 1253 (2003).

Structure Georgia Code

Georgia Code

Title 40 - Motor Vehicles and Traffic

Chapter 5 - Drivers’ Licenses

Article 3 - Cancellation, Suspension, and Revocation of Licenses

§ 40-5-50. Authority of Department to Cancel License or Identification Card

§ 40-5-51. Suspension of Driving Privilege of Nonresident; Reporting Convictions, Suspensions, and Revocations of Nonresidents

§ 40-5-52. Suspension of License or Operating Privilege for Conduct in Another State

§ 40-5-53. When Courts to Send Licenses and Reports of Convictions to Department; Destruction of License by Department; Issuance of New License Upon Satisfaction of Certain Requirements

§ 40-5-54. Mandatory Suspension of License; Notice of Suspension

§ 40-5-54.1. Denial or Suspension of License for Noncompliance With Child Support Order

§ 40-5-55. Implied Consent to Chemical Tests

§ 40-5-56. Suspension of License or Driving Privilege for Failure to Respond to Citation; Reinstatement of License

§ 40-5-57. Suspension or Revocation of License of Habitually Negligent or Dangerous Driver; Point System

§ 40-5-57.1. Suspension of Licenses of Persons Under Age 21 for Certain Offenses; Surrender of License to Court Upon Conviction; Suspension of Licenses of Persons Under Age 18 for Certain Point Accumulations; Reinstatement of License Following Suspen...

§ 40-5-57.2. Suspension of License for Reckless Stunt Driving

§ 40-5-57.3. Penalty for Multiple Convictions of Causing Serious Injury Due to Right of Way Violations

§ 40-5-58. Habitual Violators; Probationary Licenses

§ 40-5-59. Reexamination of Drivers Believed to Be Incompetent or Unqualified

§ 40-5-60. When Revocation or Suspension Effective; Notice

§ 40-5-61. Surrender and Return of License; Time Served Under Such Sentence Credited Toward Fulfillment of Period of Revocation or Suspension

§ 40-5-62. Periods of Revocation; Time Served Under Such Sentence Credited Toward Fulfillment of Period of Revocation; Conditions to Restoration of License or Issuance of New License

§ 40-5-63. Periods of Suspension for Certain Convictions of Code Section 40-5-54 or 40-6-391; Conditions to Return of License

§ 40-5-63.1. Clinical Evaluation and Substance Abuse Treatment Programs for Certain Offenders

§ 40-5-64. Limited Driving Permits for Certain Offenders

§ 40-5-64.1. Ignition Interlock Device Limited Driving Permits

§ 40-5-65. Restriction as to Operation Under Foreign License During Period of Revocation or Suspension

§ 40-5-66. Appeals From Decisions of Department

§ 40-5-67. Seizure and Disposition of Driver’s License of Persons Charged With Driving Under the Influence; Issuance of Temporary Driving Permit; Disposition of Cases

§ 40-5-67.1. Chemical Tests; Implied Consent Notices; Rights of Motorists; Test Results; Refusal to Submit; Suspension or Disqualification; Administrative License Suspension Hearing and Review; Inspection and Certification of Breath-Testing Instrumen...

§ 40-5-67.2. Terms and Conditions for Implied Consent License Suspension; Administrative License Suspensions in Relation to Post-Conviction Suspension; Eligibility for Limited Driving Permit or Ignition Interlock Device Limited Driving Permit

§ 40-5-69. Circumstances Not Affecting Suspensions by Operation of Law

§ 40-5-70. Suspension of Drivers’ Licenses for Failure to Show Proof of Required Minimum Insurance; Hearings; Mandatory Suspension

§ 40-5-72. Forwarding of License, Tag, and Tag Registration to Department; Notice; Penalty

§ 40-5-73. Limited Applicability

§ 40-5-74. Defacement or Alteration of Seized License Prohibited