HB 205 provides for a process by which drivers will be eligible for a permit even if they refuse the state administered chemical test or have a result on the test of .08 or more.  Currently, drivers who are suspended due to a refusal or a state chemical test of .08 or more are automatically suspended, and they are not eligible for a limited permit. OCGA 40-5-67.1.  The Ignition Interlock Device Limited Driving Permit (IIDLDP) shall not be issued to 1) Drivers Under 21, 2) Drivers not currently licensed to operate a motor vehicle in GA, 3) CDL holders, 4) License holders under suspension due to their involvement in a traffic accident with injuries or fatalities, 5) Drivers who are subject to any other license suspension (child support, FTAs, points, etc.).  The application for the IIDLDP constitutes a waiver of the ALS hearing. Id. at lines 368-371.  The ability to get a driver’s license reinstated by complying with the conditions of OCGA § 40-5-67.2, such as the risk reduction program and paying a reinstatement fee, are still in effect under HB 205.  Like the current law, drivers convicted of a second DUI within 5 years of their first are eligible for an IIDLDP after a 120 day suspension.  HB 205 also creates new code section OCGA § 40-5-64.2, which requires DDS to report to the Senate Public Safety Committee the numbers of IIDLDPs issued for those who those who test at .08 or above and those who refuse the state administered chemical test.  This reporting requirement will remain in effect until 2020.  New code section OCGA § 40-8-110.1 creates new provisions for the installation and use of Ignition Interlock Devices.  For drivers granted an IIDLDP, an Ignition Interlock Device must be installed within 10 days of the receipt of the device.  Drivers who are suspended due to a state administered chemical test result of .08 or higher must drive for 4 months on an Ignition Interlock Device Limited Driving Permit.  Drivers who are suspended due to a refusal to take the state administered chemical test must drive on Ignition Interlock Device Limited Driving Permit for 12 months. An Ignition Interlock Device Limited Driving Permit may be issued within 30 days of notice of the ALS hearing, surrender of the driver’s license, and an affidavit attesting to the waiver of the ALS hearing. 

In order to comply with SB 367, the provisions in the Criminal Justice Reform Bill, HB 205 changes the renewal process for limited driving permits.  Limited permits last for one year and may be renewed for 2 months at a cost of $5.  Limited permits may only be renewed one time after the driver’s license is eligible for reinstatement. IIDLDPs may only be used for 1) going to the driver’s place of employment or performing normal duties of the driver’s occupation; 2) receiving scheduled medical care or obtaining prescription drugs; 3) attending regularly scheduled sessions or meetings of treatment support organizations for persons who have addiction or abuse problems related to alcohol or other drugs, which organizations are recognized by the commissioner; 4) attending under court order any driver education or improvement school or alcohol or drug program or course approved by the court which entered the judgment of conviction resulting in suspension of his or her driver's license or by the commissioner;  5) attending court, reporting to probation or a community supervision officer, county or Department of Juvenile Justice juvenile probation officer, or performing community service; 6) Transporting an immediate family member who does not hold a valid driver's license for work, to obtain medical care or prescriptions, or to school; 7) attending any program, event, treatment, or activity ordered by a judge presiding in an accountability court 8) going for monthly monitoring visits with the permit holder's ignition interlock device service provider.