Georgia DUI Law Statute:
40-5-67 G
CODE SECTION 12/03/01
40-5-67.
(a) Whenever any resident or nonresident person is charged with
violating Code Section 40-6-391, the law enforcement officer shall
take the driver’s license of the person so charged. The driver’s
license shall be attached to the court’s copy of the uniform traffic
citation and complaint form and shall be forwarded to the court
having jurisdiction of the offense. A copy of the uniform traffic
citation and complaint form shall be forwarded, within ten days of
issue, to the department. Taking the driver’s license as required
in this Code section shall not prohibit any law enforcement officer
or agency from requiring any cash bond authorized by Article 1 of
Chapter 6 of Title 17.
(b) At the time the law enforcement officer takes the driver’s
license, the officer shall issue a temporary driving permit to the
person as follows:
(1) If the driver refuses to submit to a test or tests to
determine the presence of alcohol or drugs as required in Code
Section 40-5-55, the officer shall issue a 30 day temporary
driving permit;
(2) If the driver’s license is required to be suspended under Code
Section 40-5-67.1, the officer shall issue a 30 day temporary
driving permit; or
(3) If the test or tests administered pursuant to Code Section
40-5-55 indicate an alcohol concentration in violation of Code
Section 40-6-391 but less than the level for an administrative
suspension of the license under subsection (c) of Code Section
40-5-67.1, the officer shall issue a 180 day temporary driving
permit.
This temporary driving permit shall be valid for the stated period
or until the person’s driving privilege is suspended or revoked
under any provision of this title. The department, at its sole
discretion, may delay the expiration date of the temporary driving
permit, but in no event shall this delay extend beyond the date when
such person’s driving privilege is suspended or revoked under any
provision of this title. The department shall by rules and
regulations establish the conditions under which the expiration of
the temporary permit may be delayed.
(c)(1) If the person is convicted of violating or enters a plea of
nolo contendere to a charge of violating Code Section 40-6-391,
the court shall, within ten days, forward the person’s driver’s
license and the record of the disposition of the case to the
department. At this time, the court shall also require the person
to surrender the temporary driving permit issued pursuant to
subsection (b) of this Code section.
(2) If the person is not convicted of violating and does not enter
a plea of nolo contendere to a charge of violating Code Section
40-6-391, and the court is in possession of the driver’s license,
the court shall return the driver’s license to the person unless
the license is in suspension for any other offense, in which case
the court shall forward the license to the department for
disposition.
Reference: DUI Arrest Help
Tags: DUI Law, Georgia DUI Laws







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