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Can I get a work permit for a DUI drugs conviction?

As of July 29, 2020, the answer is: Yes! 

Prior to July 29, 2020, the answer was no.

This is a major change in the law that a lot of lawyers don't know about. The rule for decades was that you could not get a work permit for any DUI drugs conviction, and many lawyers don't know of the relatively recent change in the law (and they mistakenly advise their clients that they cannot get a work permit). 

The only thing that is different about a DUI drugs conviction is the length of the official license suspension. For a normal (alcohol) DUI, you are eligible for reinstatement of your licnese after 120 days. For a DUI Drugs conviction, you are eligible for a full license reinstatement after 180 days. So, you have an extra 60 days of driving on a work permit (DDS calls work permits "limited permits"). See OCGA 40-5-75.

What is a DUI Drugs?

A DUI drugs means a conviction for:

  1. 40-6-391(a)(2) ("driving under the influence of any drug to the extent that it is less safe")
  2. 40-6-391(a)(4) ("driving under the combined influence of" any drug and alcohol to the extent that it is less safe)
  3. 40-6-391(a)(6) ("driving while there is any amount of marijuana or a controlled substance... 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.")

If you plead to any of the above you are now eligibe for a work permit. 

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