Georgia Code
Article 7 - Ignition Interlock Devices
§ 42-8-112. Timing for Issuance of Ignition Interlock Device Limited Driving Permit; Documentation Required; Reporting Requirement

History. Code 1981, § 42-8-112 , enacted by Ga. L. 1993, p. 568, § 1; Ga. L. 2000, p. 1457, § 6; Ga. L. 2001, p. 208, § 1-9; Ga. L. 2002, p. 415, § 42; Ga. L. 2003, p. 796, § 8; Ga. L. 2004, p. 604, § 1; Ga. L. 2005, p. 60, § 42/HB 95; Ga. L. 2005, p. 334, § 24-5/HB 501; Ga. L. 2012, p. 72, § 7/SB 236; Ga. L. 2013, p. 878, § 4/HB 407; Ga. L. 2014, p. 710, § 1-20/SB 298; Ga. L. 2015, p. 5, § 42/HB 90; Ga. L. 2015, p. 60, § 5-1/SB 100; Ga. L. 2015, p. 422, § 5-73/HB 310; Ga. L. 2016, p. 323, § 1-8/HB 205.
The 2012 amendment, effective January 1, 2013, substituted the present provisions of subsections (a) and (b) for the former provisions, which read: “(a) In any case where the court imposes the use of an ignition interlock device as a condition of probation on a resident of this state whose driving privilege is not suspended or revoked, the court shall require the person to surrender his or her driver’s license to the court immediately and provide proof of compliance with such order to the court or the probation officer and obtain an ignition interlock device restricted driving license within 30 days. Upon expiration of the period of time for which such person is required to use an ignition interlock device, the person may apply for and receive a regular driver’s license upon payment of the fee provided for in Code Section 40-5-25. If such person fails to provide proof of installation to the extent required by subsection (a) of Code Section 42-8-111 and receipt of the restricted driving license within such period, absent a finding by the court of good cause for that failure, which finding is entered in the court’s record, the court shall revoke or terminate the probation.
“(b)(1) In any case where the court imposes the use of an ignition interlock device as a condition of probation on a resident of this state whose driving privilege is suspended or revoked, the court shall require the person to provide proof of compliance with such order to the court or the probation officer and the Department of Driver Services not later than ten days after the date on which such person first becomes eligible to apply for an ignition interlock device limited driving permit in accordance with paragraph (2) of this subsection or a habitual violator’s probationary license in accordance with paragraph (3) of this subsection, whichever is applicable. If such person fails to provide proof of installation to the extent required by subsection (a) of Code Section 42-8-111 within the period required by this subsection, absent a finding by the court of good cause for that failure, which finding is entered on the court’s record, the court shall revoke or terminate the probation if such is still applicable.
“(2) If the person subject to court ordered use of an ignition interlock device as a condition of probation is authorized under Code Section 40-5-63 or 40-5-67.2 to apply for reinstatement of his or her driver’s license during the period of suspension, such person shall, prior to applying for reinstatement of the license, have an ignition interlock device installed and shall maintain such ignition interlock device in a motor vehicle or vehicles to the extent required by subsection (a) of Code Section 42-8-111 for a period of six months running concurrently with that of an ignition interlock device limited driving permit, which permit shall not be issued until such person submits to the department proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program, proof of having undergone any clinical evaluation and of having enrolled in any substance abuse treatment program required by Code Section 40-5-63.1, and proof of installation of an ignition interlock device on a vehicle or vehicles to the extent required by subsection (a) of Code Section 42-8-111. Such a person may apply for and be issued an ignition interlock device limited driving permit at the end of 12 months after the suspension of the driver’s license. At the expiration of such six-month ignition interlock device limited driving permit, the driver may, if otherwise qualified, apply for reinstatement of a regular driver’s license upon payment of the fee provided in Code Section 40-5-25.
“(3) If the person subject to court ordered use of an ignition interlock device as a condition of probation is authorized under Code Section 40-5-58 or under Code Section 40-5-67.2 to obtain a habitual violator’s probationary license, such person shall, if such person is a habitual violator as a result of two or more convictions for driving under the influence of alcohol or drugs, have an ignition interlock device installed and maintained in a motor vehicle or vehicles to the extent required by subsection (a) of Code Section 42-8-111 for a period of six months following issuance of the probationary license, and such person shall not during such six-month period drive any motor vehicle that is not so equipped, all as conditions of such probationary license. Following expiration of such six-month period with no violation of the conditions of the probationary license, the person may apply for a habitual violator probationary license without such ignition interlock device condition.
“(4) In any case where installation of an ignition interlock device is required, failure to show proof of such device shall be grounds for refusal of reinstatement of such license or issuance of such habitual violator’s probationary license or the immediate suspension or revocation of such license.”
The 2013 amendment, effective July 1, 2013, in subsection (b), inserted “probationary” in the middle of subparagraph (b)(2)(A), substituted “one year” for “eight months” at the end of subparagraph (b)(5)(A), and substituted “one-year” for “eight-month” near the beginning of subparagraph (b)(5)(B); substituted “one-year” for “six-month” in the first sentence of paragraph (d)(1); in the introductory paragraph of paragraph (d)(3), substituted “specified in this paragraph” for “specified below” in the first sentence, inserted “shall” near the end of the second sentence, and substituted “one year” for “six months”. See Editor’s notes for applicability.
The 2014 amendment, effective July 1, 2014, added “certified by the Department of Driver Services” at the end of subparagraphs (a)(2)(A) and (b)(2)(A), and substituted “permit” for “probationary license” at the beginning of subparagraph (b)(2)(A).
The 2015 amendments.
The first 2015 amendment, effective March 13, 2015, part of an Act to revise, modernize, and correct the Code, substituted “probationary license” for “permit” in subparagraph (b)(2)(A). The second 2015 amendment, effective July 1, 2015, substituted “subparagraph (c)(2)(C)” for “subparagraph (b)(2)(C)” near the middle of paragraph (a)(1). See Editor’s notes for applicability. The third 2015 amendment, effective July 1, 2015, substituted “community supervision” for “probation” in the second sentence of subsection (c); in subsection (d), substituted “Department of Driver Services” for “department” throughout. See Editor’s notes for applicability.
The 2016 amendment, effective July 1, 2017, substituted the present provisions of the first sentence of paragraph (d)(1) for the former provisions, which read: “If a person required to report to an ignition interlock provider as required by subsection (c) of this Code section fails to report to the provider as required or receives an unsatisfactory report from the provider at any time during the one-year period, the Department of Driver Services shall revoke such person’s ignition interlock device limited driving permit immediately upon notification from the provider of the failure to report or failure to receive a satisfactory report.”
Cross references.
Clinical evaluation and substance abuse treatment programs for certain offenders, § 40-5-63.1 .
Limited driving permits for certain offenders, § 40-5-64 .
Editor’s notes.
Ga. L. 2013, p. 878, § 5/HB 407, not codified by the General Assembly, provides: “This Act shall become effective on July 1, 2013, and shall apply to offenses committed on or after such date.”
Ga. L. 2015, p. 60, § 6-1/SB 100, not codified by the General Assembly, provides, in part, that this Act shall apply to offenses which occur on or after July 1, 2015.
Ga. L. 2015, p. 422, § 6-1/HB 310, not codified by the General Assembly, provides that: “This Act shall become effective July 1, 2015, and shall apply to sentences entered on or after such date.”
For application of this statute in 2020, see Executive Order 03.25.20.01.
A listing of Executive Orders issued in 2020 and 2021 can be found at https://gov.georgia.gov/executive-action/executive-orders.
Law reviews.
For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 231 (2015).