You’ve been convicted of DUI in Georgia, and your license is suspended. But you still need to get to work, take your kids to school, or make it to court-ordered treatment. A limited driving permit (LDP) may allow you to do that, but not everyone qualifies, and the rules are strict.
Here’s how limited driving permits work in Georgia and what you need to do to get one.
What Is a Limited Driving Permit?
A limited driving permit is a restricted license issued by the Georgia Department of Driver Services (DDS) that allows you to drive for specific purposes during a license suspension. It’s governed by O.C.G.A. § 40-5-64.
A limited driving permit is not a full license. It restricts when, where, and why you can drive. Violating the terms of the permit can result in revocation of the permit and additional suspension time.
Key facts about the LDP:
- Costs $25 to apply
- Nonrenewable upon expiration (with one exception for renewal after reinstatement eligibility)
- Valid only within the State of Georgia
- Cannot be used to operate a commercial motor vehicle
- You must be a valid Georgia license holder to apply (out-of-state drivers are not eligible unless they first obtain a Georgia license)
Who Qualifies for a Limited Driving Permit After a DUI?
Not every DUI offender is eligible. Under O.C.G.A. § 40-5-64, the LDP is generally available only for a first DUI conviction within five years (measured from dates of arrest).
You may qualify if:
- This is your first DUI conviction within 5 years
- You have surrendered your license to the court or DDS
- The court has not imposed a suspension inconsistent with the LDP
- You can demonstrate extreme hardship (meaning you cannot reasonably obtain other transportation)
You do NOT qualify if:
- This is your second or subsequent DUI within 5 years (you must wait 120 days for an IID permit instead)
- You refused the breath, blood, or urine test (refusal suspensions carry a hard one-year suspension with no LDP)
- You are under 21 and convicted of DUI with a BAC of 0.08 or higher or a refusal
- Your license is suspended for other reasons in addition to the DUI
What Can You Drive For With a Limited Driving Permit?
The DDS defines “extreme hardship” as the inability to reasonably obtain other transportation.
If the permit is granted, you may drive only for the following purposes:
- Going to and from your place of employment or performing normal job duties
- Receiving scheduled medical care or picking up prescriptions
- Attending college or school where you are regularly enrolled
- Attending substance abuse treatment sessions or support group meetings
- Attending court appearances, reporting to a probation officer, or performing community service
- Attending DUI Risk Reduction Program (DUI school) sessions
- Attending driver education or improvement programs ordered by the court
- Transporting an immediate family member who is unlicensed to work, school, medical appointments, or pharmacies
Driving outside of these approved purposes is a violation that can result in permit revocation and six additional months of suspension.
Common Mistakes That Get Limited Permits Revoked
Having a limited driving permit requires strict compliance. People lose their permits for violations that seem minor but carry serious consequences:
- Driving outside permitted hours or routes. If your permit allows driving to work and you stop at the grocery store on the way home, that’s technically a violation.
- Not carrying the permit while driving. You must have the physical permit on you at all times while operating a vehicle. Leaving it at home is a violation.
- Driving for purposes not listed on the permit. Running personal errands, driving friends, or taking a road trip are all prohibited.
- Getting a new traffic violation. A moving violation while on a limited permit can trigger revocation.
- Failing to complete DUI school on time. If you don’t finish the DUI Risk Reduction Program within the required timeframe, your permit status can be affected.
What Happens After Your Suspension Period Ends?
When the suspension period expires, your license doesn’t automatically come back. You must actively apply for reinstatement through DDS.
Reinstatement requires:
- Proof of completion of the DUI Risk Reduction Program
- Payment of the $210 reinstatement fee ($200 if processed by mail)
- Proof of ignition interlock maintenance if applicable to your case
- Completion of the clinical evaluation and any recommended treatment
Until you complete these steps and DDS processes the reinstatement, your license remains suspended, even after the suspension period has technically ended.
How to Apply for a Limited Driving Permit
The application process involves both the court and DDS:
- Surrender your license to the court at the time of conviction or to DDS if the administrative suspension has been processed
- Obtain an affidavit from the convicting court (DDS Form 1126) confirming your conviction and that the court has not imposed restrictions inconsistent with the LDP
- Apply in person at a Georgia DDS location
- Pay the $25 application fee
- Demonstrate extreme hardship through the application
You can apply immediately after conviction for a first DUI within 5 years. The permit is typically valid for the duration of your suspension, up to 12 months.
What About the Ignition Interlock Device Limited Driving Permit?
For drivers who don’t qualify for a standard LDP, Georgia offers a separate ignition interlock device (IID) limited driving permit under O.C.G.A. § 40-5-64.1.
The IID permit is relevant for:
- Second DUI within 5 years: After serving the 120-day hard suspension, you can apply for an IID permit. The IID must remain installed for 12 months.
- Refusal cases: Since 2017, some drivers who refused a chemical test can sign an affidavit within 30 days of arrest, withdrawing the refusal in exchange for installing an IID for one year.
The IID permit allows driving only for work, school, treatment, court, and IID provider visits. It’s more restrictive than the standard LDP.
What Happens if You Violate the Permit?
If you’re caught driving outside the permitted purposes, or driving without the permit in your possession, DDS can revoke the permit. After revocation:
- You cannot apply for a new license for six months from the date the permit was surrendered
- DDS may impose additional suspension time on top of the original suspension
- You may face criminal charges for driving on a suspended license
Need a Limited Driving Permit After a DUI in Georgia? We Can Help.
Losing your license after a DUI doesn’t have to mean losing your job. A limited driving permit may keep you on the road for work, treatment, and other critical needs, but the application process requires proper documentation and timing.
At J. Ryan Brown Law, we help DUI clients in Newnan, Coweta County, and throughout Georgia secure limited driving permits and protect their ability to drive.
Contact us today for a consultation.
