Georgia Drivers License Suspension After a Marijuana Charge Conviction

What Happens to a Georgia Drivers License After a Marijuana Conviction?

Here, we discuss what happens to your Georgia drivers license or privilege to drive in Georgia after you are convicted for a marijuana charge in Georgia. However, with slight exception for misdemeanor marijuana charges, these guidelines are applicable to all violations of the Georgia Controlled Substances Act (VGCSA). As always, We recommend that you consult with a qualified Atlanta marijuana charge defense lawyer before you enter any type of plea in to your marijuana charge.

Unlike Most Other Suspensions, Georgia Marijuana Charge Suspensions Run “Consecutively” to Other Pending Suspensions

After you are convicted or plead guilty to a Marijuana charge in Georgia, you will be served with a notice of suspension of Georgia drivers license or privilege to drive in Georgia. Unlike many other types of convictions that cause a mandatory license suspension (such as, DUI, Driving with a Suspended License, Hit-and-Run, etc.), pursuant to O.C.G.A. §40-5-75(i), all suspensions for a Controlled Substance violation committed on or after January 1, 2008 run consecutively to any other type of suspension on the record on the date of disposition. Therefore, if you have active suspensions on your record and you are convicted of a controlled substance violation, the controlled substance suspension will not become effective until all previously existing suspensions are reinstated or have aged-off. If you have no active suspensions and you are convicted of a controlled substance violation AND another mandatory suspension violation arising from the same incident, they will both run concurrently (at the same time) on the record. If you have a controlled substance suspension in effect on their record, and you are subsequently convicted of a non-controlled substance offense, that new suspension may run concurrently (at the same time) to the suspension in effect.

Any person who is not licensed in the state of Georgia at the time of disposition will become suspended upon conviction of a controlled substance violation. However, for the purpose of eligibility towards reinstatement, the time accrual will not begin unless/until they make application for reinstatement with the DDS. Anyone convicted of a controlled substance violation is urged to contact DDS directly after disposition to get information concerning a reinstatement application and their reinstatement eligibility.

First Marijuana Possession Conviction Within 5 Years

Plea of nolo contendere – Not accepted; shall be treated as a conviction (except for misdemeanor possession of marijuana as expressly described in this section).

Suspension – Yes; 180 day period beginning on effective date.

Limited Driving Permit – No

Reinstatement Requirements:

Submit an original certificate of completion of a DDS approved DUI Alcohol or

Drug Risk Reduction Program;

Remit a $210.00 reinstatement fee (or $200.00 if processed by mail).

Second Marijuana Possession Conviction Within 5 Years

Plea of nolo contendere – Not accepted; shall be treated as a conviction.

Suspension – Yes; 1 year period beginning on effective date.

Limited Driving Permit – No.

Reinstatement Requirements:

Submit an original certificate of completion of a DDS approved DUI Alcohol or

Drug Risk Reduction Program;

Remit a $310.00 reinstatement fee (or $300.00 if processed by mail).

Third Marijuana Possession Conviction Within 5 Years

Plea of nolo contendere – Not accepted; shall be treated as a conviction.

Suspension – Yes; 5 year period beginning on effective date

Limited Driving Permit – Yes, but only after 2 years of a hard suspension if defendant:

Has not been convicted or pleaded nolo contendere to any drug related offense,

including driving under the influence, for a period of two years immediately

preceding the application for a permit,

Completes a licensed drug treatment program approved by DDS,

Pays the permit fee of $25,

Submits proof of financial responsibility, and

Meets all other departmental requirements.

Reinstatement Requirements:

Submit an original certificate of completion of a DDS approved DUI Alcohol or

Drug Risk Reduction Program; and,

Remit a $410.00 reinstatement fee (or $400.00 if processed by mail).

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Ben Sessions is a Criminal Defense Lawyer and partner in the firm of McIlhinney & Sessions. His practice is focused on the defense of clients charged with DUI and other Drug and Alcohol-related offenses. If you have a question regading a marijuana charge in Atlanta or other parts of Georgia, do not hesitate to contact us today. Ben has co-authored articles and participated in seminars before the National College for DUI Defense (NCDD), the Georgia Public Defender Standards Council, and other organizations. He is certified as both a Practitioner and Instructor of the National Highway Safety Traffic Safety’s Standardized Field Sobriety Testing procedures. He has received extensive training in forensic breath, blood, and urine testing. He is a member of the National College for DUI Defense, the National Association of Criminal Defense Lawyers, and the Georgia Association of Criminal Defense Lawyers. Ben Sessions graduated from the University of Georgia School of Law. In 2010 and 2011, he was named a “Rising Star” in the area of DUI defense by the Super Lawyers Magazine. In 2010, he was recognized for the “Greatest Trial Victory of the Year” by the Georgia Defense of Drinking Drivers (DODD) Group. In 2011, Ben was recognized as the “DUI Lawyer of the Year” by DODD. Ben was selected by the Atlanta Municipal Court to participate in the 2011 DUI Court Advisory Committee. Ben has also been selected as a speaker for the Atlanta Municipal Court “C=C” program.

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