HBill.html

To revise and harmonize certain provisions of the Official Code of Georgia Annotated relating generally to prevention, prohibition, prosecution, punishment, and remediation of driving under the influence of alcohol, drugs, or other intoxicating substances; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change certain provisions relating to periods of suspension and conditions to return of license; to change certain provisions relating to limited driving permits for certain offenders; to change certain provisions relating to seizure and disposition of drivers´ licenses of persons charged with driving under the influence, issuance of temporary driving permits, and disposition of cases; to change certain provisions relating to chemical tests, implied consent notices, rights of motorists, test results, refusal to submit, suspension or denial, hearing and review, compensation of officers, and inspection and certification of breath-testing instruments; to change certain provisions relating to suspension of licenses by operation of law; to change certain provisions relating to consumption of alcoholic beverages or possession of open containers of alcoholic beverages in passenger areas of motor vehicles; to change certain provisions relating to driving under the influence of alcohol, drugs, or other intoxicating substances, penalties, publication of notice of conviction for persons convicted for second time, and endangering a child; to change certain provisions relating to chemical tests for alcohol or drugs in blood; to amend Code Section 42-8-112 of the Official Code of Georgia Annotated, relating to proof of compliance required for reinstatement of certain drivers´ licenses and for obtaining probationary licenses and reporting requirements, so as to change certain provisions relating to monitoring of ignition interlock devices; to repeal conflicting laws; and for other purposes.

Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking the introductory paragraph and paragraph (1) of subsection (a) of Code Section 40-5-63, relating to periods of suspension and conditions to return of license, and inserting in lieu thereof the following:
"(a) The driver´s license of any person convicted of an offense listed in Code Section 40-5-54 or of violating Code Section 40-6-391, unless the driver´s license has been previously suspended pursuant to ~~Code Sections~~ subsection (d) of Code Section 40-5-67.1 ~~and~~ or except as otherwise provided by Code Section 40-5-57.1 or subsection (b) of Code Section 40-5-67.2, shall by operation of law be suspended and such suspension shall be subject to the following terms and conditions~~; provided, however, that any person convicted of a drug related offense pursuant to Code Section 40-6-391 shall be governed by the suspension requirements of Code Section 40-5-75~~:
(1) Upon the first conviction of any such offense, with no arrest and conviction of and no plea of nolo contendere accepted to such offense within the previous five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for 12 months. At the end of 120 days, the person may apply to the department for reinstatement of said driver´s license; except that in the case of such conviction for an offense under paragraph (2), (4), or (6) of subsection (a) of Code Section 40-6-391, the person shall not be eligible to apply for reinstatement of his or her driver´s license until the end of 180 days. Such license shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail, provided that, if such license was suspended as a result of a conviction of an offense listed in Code Section 40-5-54, such license shall be reinstated if such person submits proof of completion of either a defensive driving program approved by the Department of Motor Vehicle Safety or a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee. A driver´s license suspended as a result of a conviction of a violation of Code Section 40-6-391 shall not become valid and shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee. For purposes of this paragraph, an accepted plea of nolo contendere to an offense listed in Code Section 40-5-54 by a person who is under 18 years of age at the time of arrest shall constitute a conviction. For the purposes of this paragraph only, an accepted plea of nolo contendere by a person 21 years of age or older, with no conviction of and no plea of nolo contendere accepted to a charge of violating Code Section 40-6-391 within the previous five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall be considered a conviction, and the court having jurisdiction shall forward, as provided in Code Section 40-6-391.1, the record of such disposition of the case to the department and the record of such disposition shall be kept on file for the purpose of considering and counting such accepted plea of nolo contendere as a conviction under paragraphs (2) and (3) of this subsection;"

Said title is further amended in paragraph (1) of subsection (g) of said Code Section 40-5-64 by inserting a new subparagraph to read as follows:
"(C) Upon receipt of notice from a provider center for ignition interlock devices that an ignition interlock device which a permittee is required to use has been tampered with or the permittee has failed to report for monitoring of such device as required by law, the department shall revoke such permittee´s limited driving permit and, by regular mail to his or her last known address, notify such person of such revocation. Such notice of revocation shall inform the person of the grounds for and effective date of the revocation and of the right to review. The notice of revocation shall be deemed received three days after mailing."

Said title is further amended by striking subsection (b) of Code Section 40-5-67, relating to seizure and disposition of drivers´ licenses of persons charged with driving under the influence, issuance of temporary driving permits, and disposition of cases, and inserting in their respective places the following:
"(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; or
(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."

Said title is further amended by striking paragraph (1) of subsection (f) of Code Section 40-5-67.1, relating to chemical tests, implied consent notices, rights of motorists, test results, refusal to submit, suspension or denial, hearing and review, compensation of officers, and inspection and certification of breath-testing instruments, and inserting in lieu thereof the following:
"(f)(1) The law enforcement officer, acting on behalf of the department, shall personally serve the notice of intention to suspend or disqualify the license of the arrested person or other person refusing such test on such person at the time of the person´s refusal to submit to a test or at the time at which such a test indicates that suspension or disqualification is required under this Code section. The law enforcement officer shall take possession of any driver´s license or permit held by any person whose license is subject to suspension pursuant to subsection (c) or (d) of this Code section, if any, and shall issue a 30 day temporary permit. The officer shall forward the person´s driver´s license to the department along with the notice of intent to suspend or disqualify and the sworn report required by subsection (c) or (d) of this Code section within ten calendar days after the date of the arrest of such person. ~~This paragraph shall not apply to any person issued a 180 day temporary permit pursuant to subsection (b) of Code Section 40-5-67.~~ The failure of the officer to transmit the sworn report required by this Code section within ten calendar days shall not prevent the department from accepting such report and utilizing it in the suspension of a driver´s license as provided in this Code section."

Said title is further amended by striking the introductory paragraph of subsection (a) and subsection (b) of Code Section 40-5-75, relating to suspension of licenses by operation of law, and inserting in their respective places the following:
"(a) The driver´s license of any person convicted of possession, distribution, manufacture, cultivation, sale, transfer of, the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or transfer a controlled substance or marijuana~~, or driving or being in actual physical control of any moving vehicle while under the influence of such a substance~~ in violation of subsection (b) of Code Section 16-13-2, subsection (a), (b), or (j) of Code Section 16-13-30, or Code Section 16-13-33~~; paragraph (2), (4), or (6) of subsection (a) of Code Section 40-6-391;~~, or the law of any other jurisdiction shall by operation of law be suspended and such suspension shall be subject to the following terms and conditions:"
"(b) Whenever a person is convicted of possession, distribution, manufacture, cultivation, sale, transfer of, the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or transfer a controlled substance or marijuana~~, or driving or being in actual physical control of any moving vehicle while under the influence of such substance~~ in violation of subsection (b) of Code Section 16-13-2, subsection (a), (b), or (j) of Code Section 16-13-30, or Code Section 16-13-33~~; paragraph (2), (4), or (6) of subsection (a) of Code Section 40-6-391;~~, or the law of any other jurisdiction, the court in which such conviction is had shall require the surrender to it of any driver´s license then held by the person so convicted and the court shall thereupon forward such license and a copy of its order to the department within ten days after the conviction. The periods of suspension provided for in this Code section shall begin on the date of such person´s conviction for the offense resulting in such suspension; provided, however, that, effective July 1, 1994, if, at the time of conviction of any offense listed in subsection (a) of this Code section, the person does not have a driver´s license or the person´s driver´s license has been previously suspended, the periods of suspension specified by this Code section shall not commence until the person applies for the issuance or reinstatement of a driver´s license."

Said title is further amended in Code Section 40-6-253, relating to consumption of alcoholic beverages or possession of open containers of alcoholic beverages in passenger areas of motor vehicles, by redesignating subsection (c) as subsection (d) and inserting a new subsection (c) to read as follows:
"(c) In any prosecution for violation of this Code section:
(1) Retail labeling of the container which identifies the contents of such container as any alcoholic beverage; or
(2) Testimony of a law enforcement officer that, based on his or her experience and senses, the contents of the container possessed the same odor, color, and general appearance or the same taste, color, and general appearance as any alcoholic beverage,
shall be admissible that the contents of such container was an alcoholic beverage."

Said title is further amended in Code Section 40-6-391, relating to driving under the influence of alcohol, drugs, or other intoxicating substances, penalties, publication of notice of conviction for persons convicted for second time, and endangering a child, by striking subsections (a), (b), and (e), and inserting in their respective places the following:
"(a) A person shall not drive or be in actual physical control of any moving vehicle while:
(1) Under the influence of alcohol to the extent that it is less safe for the person to drive;
(2) Under the influence of any drug to the extent that it is less safe for the person to drive;
(3) Under the intentional influence of any glue, aerosol, or other toxic vapor to the extent that it is less safe for the person to drive;
(4) Under the combined influence of any two or more of the substances specified in paragraphs (1) through (3) of this subsection to the extent that it is less safe for the person to drive;
(5) The person´s alcohol concentration is 0.08 grams or more at any time within three hours after such driving or being in actual physical control from alcohol consumed before such driving or being in actual physical control ended; or
(6) Subject to the provisions of subsection (b) of this Code section, there is any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21, present in the person´s blood or urine, or both, including the metabolites and derivatives of each or both without regard to whether or not any alcohol is present in the person´s breath or blood.
(b) The fact that any person charged with violating this Code section is or has been legally entitled to use a drug shall not constitute a defense against any charge of violating this Code section; provided, however, that such person shall not be in violation of this Code section unless such person is rendered incapable of driving safely as a result of using a drug other than alcohol which such person is legally entitled to use.
(6) There is any amount of any Schedule I controlled substance listed in paragraphs (3) through (6) of Code Section 16-13-25, marijuana, cocaine, or any metabolite or derivative of any of them present in the person´s blood, urine, or both, without regard to whether or not any alcohol is present in the person´s breath or blood.
(b) Reserved."
"(e) The ~~foregoing~~ limitations on punishment imposed by subsection (c) of this Code section also shall apply when a defendant has been convicted of violating, by a single transaction, more than one of the ~~four~~ provisions of subsection (a) of this Code section."

Said title is further amended in Code Section 40-6-392, relating to chemical tests for alcohol or drugs in blood, by striking subparagraph (a)(1)(B) and inserting in lieu thereof the following:
"(B) In all cases where the arrest is made on or after January 1, 1995, and the state selects breath testing, two sequential breath samples shall be requested for the testing of alcohol concentration. For either or both of these sequential samples to be admissible in the state´s or plaintiff´s case-in-chief, the readings shall not differ from each other by an alcohol concentration of greater than 0.020 grams and the lower of the two results shall be determinative for accusation and indictment purposes and administrative license suspension purposes. No more than two sequential series of a total of two adequate breath samples each shall be requested by the state; provided, however, that after an initial test in which the instrument indicates an adequate breath sample was given for analysis, any subsequent refusal to give additional breath samples shall not be construed as a refusal for purposes of suspension of a driver´s license under Code Sections 40-5-55 and 40-5-67.1. Notwithstanding the above, a refusal or failure to give an adequate sample or samples on any subsequent breath, blood, urine, or other bodily substance test shall not affect the admissibility of the results of any prior samples. An adequate breath sample shall mean a breath sample sufficient to cause the breath-testing instrument to produce a printed alcohol concentration analysis."

Code Section 42-8-112 of the Official Code of Georgia Annotated, relating to proof of compliance required for reinstatement of certain drivers´ licenses and for obtaining probationary licenses and reporting requirements, is amended by striking subsection (c) and inserting in lieu thereof the following:
"(c) Each resident of this state who is required to have an ignition interlock device installed pursuant to this article shall report to the provider center every 30 60 days for the purpose of monitoring the operation of each required ignition interlock device. If at any time it is determined that a person has tampered with the device, the probation officer or the court ordering use of such device ~~or,~~ in the case of a driver who is ~~not~~ on probation, and the Department of ~~Public Safety or its successor agency~~ Motor Vehicle Safety in any case shall be given written notice within five days. If an ignition interlock device is found to be malfunctioning, it shall be replaced or repaired, as ordered by the court or the Department of ~~Public Safety or its successor agency~~ Motor Vehicle Safety, at the expense of the provider."