Habitual Violator

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Habitual Violator in Gwinnett County

Habitual violator is not a crime in Georgia, instead, it is a status that a person receives after that they have been convicted of at least three major offenses within 5 years. Being declared a habitual violator is very serious and you need to understand what you are facing if charged with a crime while being a habitual violator. If you or a loved one have any questions or have been charged with a crime while being declared a habitual violator, you need to contact our Gwinnett County Habitual Violator Lawyers immediately. Call us for a free case evaluation and let us inform you of your options.

What Offenses Can Lead to a Habitual Violator Status?

There are multiple offenses that count towards habitual violator status. They include:

  • Serious injury by vehicle
  • DUI
  • DUI Child Endangerment
  • Feticide by Vehicle (1st Degree)
  • Fleeing or Attempting to Elude
  • Racing
  • Driving on Suspended License
  • Homicide by Vehicle (1st or 2nd Degree)
  • Hit and Run

After committing three major offenses in five years, your license will be suspended for 5 years. The five years is measured from the date of arrest.

Something interesting about the status is that a person can become a habitual violator after just 1 incident. As an example, a person could be charged with DUI, child endangerment, and fleeing at the same time. If convicted of all 3 charges, the accused would be declared a habitual violator.

Are There Penalties After Being Declared a Habitual Violator in Gwinnett County?

A person who becomes a habitual violator will face a five year driver's license suspension. However, a limited permit may be available after two years if you completed a treatment program among other conditions. Other penalties associated with habitual violators include:

  • Fine between $1,000 and $5,000.
  • Ignition interlock device
  • Up to 5 years in prison
  • At least 30 days of community service
  • Attend DUI course
  • Five years probation minus time served
  • Mandatory completed of a clinical evaluation
  • Completion of a treatment program if recommended by the evaluator (this can't be waived by a judge)

There are 4 different levels of the HV criminal offense in Georgia

  • The first and less serious Habitual Violator offense is violating the HV limited permit. In this situation, you are legally driving on the HV permit but driving outside the limitations of the permit. If you drive outside of the places you are allowed, then you will be guilty of Misdemeanor Habitual Violator. You could lose your permit for the remainder of your 5 year suspension. On a limited Habitual Violator permit you are allowed to drive in the following circumstances:
    • Going to your place of employment or performing the normal duties of your occupation
    • Receiving scheduled medical care or obtaining prescription drugs (the doctor or pharmacy)
    • Attending a college or school at which you are regularly enrolled as a student
    • Attending regularly scheduled sessions or meetings of support organizations for persons who have addiction or abuse problems related to alcohol or other drugs, which organizations are recognized by the commissioner
    • Attending under court order any driver education or improvement school or alcohol or drug treatment program or course approved by the court which entered the judgment of conviction resulting in revocation of his driver's license or by the commissioner.
  • The second level of HV offense is being caught driving after being declared a Habitual Violator without a limited permit. Even if you are not DUI but are simply caught driving in this situation, you have committed a felony punishable with 1 to 5 years in prison. A felony in Georgia is a serious and life-changing charge. It is very common that persons charged with an HV Felony in Georgia will be sentenced to prison. In addition, you will lose your right to vote and your right to own a firearm. As a result you must take a charge of HV very seriously.
  • The third and most serious level of Habitual Violator being caught DUI (or committing another serious offense) while being HV. In that situation you are facing being a convicted felon, as well as facing additional consequences for the DUI and other charges. The DUI itself may be a 4th DUI in Georgia, which in and of itself can be a felony DUI. All of these potential punishments can be made to run consecutively. That means you can face more than 5 years in prison. Time is of the essence. You need the help of the best DUI lawyers in Gwinnett County.
  • The fourth and least serious HV charge in Georgia is being found driving after your 5 year license suspension has expired but you have not reinstated your Georgia Driver's license. This is Misdemeanor Habitual Violator in Georgia. You will be facing consequences for committing a misdemeanor in Georgia, including up to 12 months in jail and a fine up to $1000.

Contact Us Today

When charged with any of the above mentioned offenses, it is critical that you speak with an experienced Gwinnett County Criminal Attorney. We understand the consequences you are facing and want to prevent you from becoming a habitual violator. If you have been charged with multiple offenses and are worried about being deemed a habitual violator, contact our team today. We have been defending Georgia drivers for over 25 years and have handled over 5,000 cases. Our Habitual Violator Attorneys in Gwinnett County are ready to take your call. Don't waste time; call now.

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