2025 Georgia Codes – Page 255

Amended 2024
[Note: The 2024 amendment to this section consisted solely of changing the phrase “personal identification
card” to “identification card” wherever it may appear.]
It is a misdemeanor for any person to:
(1) Display or cause or permit to be displayed or have in his or her possession any canceled, revoked, or sus-
pended driver’s license or identification card issued pursuant to Code Section 40-5-100;
(2) Fail or refuse to surrender to the department upon lawful demand any driver’s license or identification
card issued pursuant to Code Section 40-5-100 which has been suspended, revoked, disqualified, or can-
celed;
(3) Permit any unlawful use of a driver’s license or identification card issued pursuant to Code Section 40-5-
100 issued to such person;
(4) Do any act forbidden or fail to perform any act required by this chapter for which a criminal sanction is
not provided elsewhere in this chapter; or
(5) Scan another person’s driver’s license, permit, or identification card without the person’s prior knowledge
and consent. If a person consents to the scanning of his or her driver’s license, permit, or identification card,
the information collected may be stored and used for any legitimate purpose. Each unlawful act of stor-
age, disclosure, or usage in violation of this paragraph shall be considered a separate violation of this Code
section. This prohibition shall not apply to law enforcement officers or any governmental entity that scans a
driver’s license, permit, or identification card to verify the contents thereof or to gather information for use
for any governmental purpose.

(a) Except when a license has been revoked under Code Section 40-5-58 as a habitual violator, any person
who drives a motor vehicle on any public highway of this state without being licensed as required by subsec-
tion (a) of Code Section 40-5-20 or at a time when his or her privilege to so drive is suspended, disqualified,
or revoked shall be guilty of a misdemeanor for a first conviction thereof and, upon a first conviction thereof
or plea of nolo contendere within five years, as measured from the dates of previous arrests for which con-
victions were obtained to the date of the current arrest for which a conviction is obtained or a plea of nolo
contendere is accepted, shall be fingerprinted and shall be punished by imprisonment for not less than two
days nor more than 12 months, and there may be imposed in addition thereto a fine of not less than $500.00
nor more than $1,000.00. Such fingerprints, taken upon conviction, shall be forwarded to the Georgia Crime
Information Center where an identification number shall be assigned to the individual for the purpose of
tracking any future violations by the same offender. For the second and third conviction within five years, as
measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere
were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo conten-
dere is accepted, such person shall be guilty of a high and aggravated misdemeanor and shall be punished
by imprisonment for not less than ten days nor more than 12 months, and there may be imposed in addition
thereto a fine of not less than $1,000.00 nor more than $2,500.00. For the fourth or subsequent conviction
within five years, as measured from the dates of previous arrests for which convictions were obtained or
pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained
or a plea of nolo contendere is accepted, such person shall be guilty of a felony and shall be punished by
imprisonment for not less than one year nor more than five years, and there may be imposed in addition
thereto a fine of not less than $2,500.00 nor more than $5,000.00.
(b)(1) The department, upon receiving a record of the conviction of any person under this Code section upon
a charge of driving a vehicle while the license of such person was suspended, disqualified, or revoked,
including suspensions under subsection (e) of Code Section 40-5-75, shall impose an additional suspen-
sion or disqualification of six months. Upon the expiration of six months, the department shall reinstate
the license. The reinstatement fee for a first such conviction within a five-year period shall be $210.00 or
$200.00 if paid by mail. The reinstatement fee for a second such conviction within a five-year period shall
be $310.00 or $300.00 if paid by mail. The reinstatement fee for a third or subsequent such conviction
within a five-year period shall be $410.00 or $400.00 if paid by mail.
(2) The court shall be required to confiscate the license, if applicable, and attach it to the uniform citation
and forward it to the department within ten days of conviction. The period of suspension or disqualification
provided for in this Code section shall begin on the date the person is convicted of violating this Code sec-
tion.
(c) For purposes of pleading nolo contendere, only one nolo contendere plea will be accepted to a charge of
driving without being licensed or with a suspended or disqualified license within a five-year period as mea-
sured from date of arrest to date of arrest. All other nolo contendere pleas in this period will be considered
convictions. For the purpose of imposing a sentence under this subsection, a plea of nolo contendere shall
constitute a conviction. There shall be no limited driving permit available for a suspension or disqualifica-
tion under this Code section.
(d) Notwithstanding the limits set forth in Code Section 40-5-124 and in any municipal charter, any municipal
court of any municipality shall be authorized to impose the punishment for a misdemeanor or misdemeanor
of a high and aggravated nature as applicable and provided for in this Code section upon a conviction of a
nonfelony charge of violating this Code section or upon conviction of violating any ordinance adopting the
provisions of this Code section.