What is a “Habitual Violator” in Georgia?

What is a habitual violator Photo 2Habitual Violator

Two previous convictions of those offenses listed below and a conviction of the current charge of one of these violations before the court within a five year period will result in the defendant being an Habitual Violator (O.C.G.A. §40-5-58).  For example, 3 DUI convictions within a 5 year period could trigger a Habitual Violator suspension.

Convictions and/or nolo contendere pleas arising from a single incident or separate incidents to any three of the following violations within a 5-year period, as measured from date of arrest to date of arrest for which convictions were obtained, will cause the violator to be declared an Habitual Violator in accordance with O.C.G.A. §40-5-58:

  • Homicide by Vehicle (1st Degree) as defined by O.C.G.A. §40-6-393 (a) or (b)
  • Homicide by Vehicle (2nd Degree) as defined by O.C.G.A. §40-6-393 (c)
  • Any felony in the commission of which a motor vehicle is used
  • Hit & Run – Leaving the scene of an accident as defined by O.C.G.A. §40-6-270
  • Racing on Highways or Streets as defined by O.C.G.A. §40-6-186
  • Using a Motor Vehicle in Fleeing or Attempting to Elude an Officer as defined by O.C.G.A. §40-6-395
  • Unlawful or Fraudulent Use of or Application for a License or ID Card as defined by O.C.G.A. §40-5-120, O.C.G.A. §40-5-125
  • Operating a Motor Vehicle with a Revoked, Canceled, or Suspended Registration as defined by O.C.G.A. §40-6-15
  • Any felony forgery conviction if related to an identification document (§40-5-54)
  • Driving Under the Influence, Child Endangerment while DUI as defined by O.C.G.A. §40-6-391; §40-6-391(l)
  • Feticide by Vehicle (1st Degree) as defined by O.C.G.A. §40-6-393.1 (a) (1)
  • Serious Injury by Vehicle as defined by O.C.G.A. §40-6-394
Attorney Erin H. Gerstenzang
Attorney Gerstenzang is a criminal defense lawyer in Atlanta, Georgia who frequently lectures on legal topics relating to DUI and traffic law. Erin has also co-chaired many DUI Seminars working closely with nationally recognized experts in her field of practice. To speak with Erin, call
404-771-6675 or click here to schedule a consultation.