After Georgia's 2015 SB 100, which Georgia drug and DUI convictions does a superior court clerk have to report to the Department of Driver Services for license suspension?

Plain-English summary

Before 2015, Georgia automatically suspended a driver's license whenever a person was convicted of any felony drug offense (possession, distribution, or trafficking) under O.C.G.A. §§ 16-13-30, 16-13-31, or 16-13-31.1. The 2015 reform, SB 100 (Act No. 21, 2015 Ga. Laws 60), narrowed that scope. The new rule was that a license should not be suspended for mere drug possession; it should be suspended only when the conviction otherwise meets the longstanding § 40-5-54(a)(2) trigger for "any felony in the commission of which a motor vehicle is used."

The Council of Superior Court Clerks asked the AG for a clear roadmap of which convictions clerks must report to the Department of Driver Services, and which they should not. AG Chris Carr provided one, sorted into two appendices.

Appendix A (automatic, no clerk discretion): Convictions under O.C.G.A. § 40-6-391(a)(2) (DUI drugs less safe), § 40-6-391(a)(4) (DUI combined alcohol and drugs), and § 40-6-391(a)(6) (DUI drugs per se, with any amount of a controlled substance in blood or urine). These three are automatic suspensions by virtue of conviction alone, and clerks must report them.

Appendix B (clerk-determined under § 40-5-54(a)(2)): Convictions under § 16-13-30(b) (distribution, sale, possession with intent), § 16-13-31 (cocaine, illegal drug, marijuana, or methamphetamine trafficking), and § 16-13-31.1 (ecstasy trafficking). After SB 100, none of these triggers automatic suspension. They become reportable only when the clerk first determines that a motor vehicle was used in the commission of the felony.

Separately, § 40-5-151(e) imposes a lifetime disqualification from driving a commercial motor vehicle for any person convicted of a drug felony in which the convicted person knowingly used a motor vehicle. The AG emphasized that this disqualification must be reported even if the convicted person does not currently hold a CDL, because every Georgia driver has a "commercial driving privilege" that can ripen into a CDL through application. Reporting prevents future CDL issuance to a disqualified person.

The opinion shifted responsibility carefully. The clerk decides whether the conviction is reportable (i.e., whether a motor vehicle was used). DDS decides the period of any suspension or disqualification.

Currency note

This opinion was issued in 2017. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: Did SB 100 mean drug possession no longer leads to license suspension?
A: Yes, generally. Before 2015, conviction for drug possession alone triggered automatic suspension under former § 40-5-75. SB 100 amended § 40-5-75 to remove the mandatory drug-related-offense suspension except for impaired-driving offenses. Possession-only felony convictions are no longer reportable for automatic suspension purposes.

Q: What if a person was convicted of distribution but did not use a vehicle?
A: After SB 100, distribution alone does not trigger automatic suspension. The clerk must first determine that a motor vehicle was used in the commission of the felony before reporting the conviction under § 40-5-54(a)(2). If no motor vehicle was used, no report is required.

Q: How does the clerk determine that a motor vehicle was used?
A: The opinion does not lay out a specific procedure. Practically, clerks look at the indictment, the plea or verdict form, and the trial record. If the felony was committed using a motor vehicle (e.g., transporting drugs in a vehicle, fleeing in a vehicle), the § 40-5-54(a)(2) trigger applies.

Q: What's the lifetime CDL disqualification under § 40-5-151(e)?
A: A lifetime disqualification from operating a commercial motor vehicle for any person convicted of a felony involving the manufacture, distribution, cultivation, sale, transfer, trafficking, or dispensing of (or possession with intent regarding) a controlled substance or marijuana, where the convicted person knowingly used a motor vehicle in the commission of the felony.

Q: Why does the lifetime disqualification apply even to people without a CDL?
A: Because every Georgia driver has the latent ability to apply for a CDL. The opinion explains that "[e]very person has a commercial driving 'privilege' that, in essence, lies dormant until such time as that person may apply for a commercial driver's license." Reporting now prevents disqualified people from getting a CDL later.

Q: Who decides the length of the suspension?
A: DDS, not the clerk. The clerk's job is to report the conviction. DDS then determines the appropriate suspension period based on the specific statute and the person's record.

Q: What about a DUI alcohol conviction?
A: This opinion focused on the drug-related provisions in the request. DUI alcohol convictions are addressed separately by their own automatic-reporting and suspension statutes.

Background and statutory framework

Georgia's driver's license suspension regime distinguishes between automatic suspensions (triggered by certain convictions, no agency discretion required) and clerk-or-agency-determined suspensions (triggered only when additional facts exist).

Pre-SB 100, the regime was simpler for drug convictions: any felony drug conviction triggered automatic suspension under former § 40-5-75. SB 100 (Act No. 21, 2015) substantially narrowed this. The General Assembly removed mandatory suspension for drug-related offenses except for impaired-driving offenses, and instead anchored drug-related suspensions to the more specific trigger in § 40-5-54(a)(2): any felony in the commission of which a motor vehicle was used.

The change reflected a policy judgment that license suspension is a poor sanction for non-driving-related drug offenses. Suspending the license of someone convicted of simple drug possession often makes their road to recovery harder (no way to get to work, treatment, or court) without serving any traffic-safety purpose. The "motor vehicle used" trigger preserves the suspension for cases where the felony actually had a connection to driving.

The clerk's role under SB 100 is the gatekeeping function. The clerk reads the conviction record, makes the threshold determination of whether the trigger applies, and reports if it does. DDS then administers the suspension or disqualification.

The CDL lifetime-disqualification provision in § 40-5-151(e) operates separately and more strictly. Federal CDL regulations require states to impose this lifetime disqualification, and Georgia has codified it. Because federal compliance is at stake, the opinion emphasizes that clerks must report qualifying convictions even when the defendant has no current CDL.

Citations and references

Statutes:
- O.C.G.A. § 16-13-30 (controlled substance possession and distribution)
- O.C.G.A. § 16-13-31 and § 16-13-31.1 (trafficking)
- O.C.G.A. § 40-5-54 (DDS suspensions for certain convictions)
- O.C.G.A. § 40-5-63 (suspension periods)
- O.C.G.A. § 40-5-75 (drug-related offense suspensions, post-SB 100)
- O.C.G.A. § 40-5-151 (commercial driver disqualifications)
- O.C.G.A. § 40-6-391 (DUI)
- 2015 Ga. Laws 60 (SB 100)

Source

• Landing page: https://law.georgia.gov/opinions/2017-4

Original opinion text

You have requested my opinion regarding which violations of various Georgia driving‑related statutes should result in the reporting by a superior court clerk's office to the Department of Driver Services ("DDS") for suspension of a driver's license. After review of the applicable law, it is my opinion that convictions for violations of O.C.G.A. §§ 40‑6‑391(2), (4), (6), and 40‑5‑151 (2016) should be reported by the Clerk to DDS and violations of O.C.G.A. §§ 16‑13‑30(b), 16‑13‑31, and 16‑13‑31.1 (2016) should be reported to DDS only upon the clerk's determination that the conviction meets the mandate of O.C.G.A. § 40‑5‑54(a)(2). See Appendices A and B. Specifically, you have inquired as to convictions for violations of O.C.G.A. §§ 40‑6‑391(2), (4), (6), 40‑5‑151, 40‑5‑54(a)(2), 16‑13‑30(b), 16‑13‑31, and 16‑13‑31.1 (2016), as they relate to drug‑related offenses. You note in your request that the legal department of DDS has concluded that the intent of amendments made to various statutes during the 2015 legislative session through Act No. 21 (hereinafter "S.B. 100") was to no longer suspend a driver's license for any possession of drugs, but only to suspend a license if a vehicle was used for distribution, sale, etc. of a drug. See 2015 Ga. Laws 60, 74-76. You also note that superior court clerks generally believe that the mandatory suspension for any felony offense where a motor vehicle is used pursuant to O.C.G.A. § 40‑5‑54(a)(2) would include felony drug offenses under O.C.G.A. § 16‑13‑30(a) (Possession) or (b) (Distribution), or any other felony drug code section. O.C.G.A. § 40‑5‑54(a)(2) (2016) directs DDS to "suspend, as provided in Code Section 40‑5‑63, the license of any driver upon receiving a record of such driver's conviction of . . . [any] felony in the commission of which a motor vehicle is used." It further provides that "[the] period of suspension shall be determined by [DDS] for the term authorized by law. The court shall forward the notice of suspension and the defendant's driver's license to the department within ten days from the date of conviction. The department shall notify the defendant of the period of suspension at the address provided by the defendant." O.C.G.A. § 40‑5‑54(b) (2016). This statute requires the reporting to DDS of any and all felony convictions in which a motor vehicle is used. There is no limitation to drug offenses mentioned in the code section. O.C.G.A. § 40‑5‑63 (2016) dictates the periods of suspension for those persons convicted of offenses which are listed in O.C.G.A. § 40‑5‑54 (2016) and for some convictions under O.C.G.A. § 40‑6‑391 (2016); drug-related offense convictions under O.C.G.A. § 40‑6‑391 (2016), which include subsections (a)(2), (4), and (6), are governed by O.C.G.A. § 40‑5‑75 (2016), which dictates appropriate periods of suspension. O.C.G.A. § 40‑5‑75 (2016) was amended by S.B. 100 to remove the mandatory suspension when a person is convicted for a drug-related offense, except for impaired driving offenses under O.C.G.A. § 40‑6‑391 (2016) or its out-of-state equivalent. 2015 Ga. Laws at 74, § 4‑18; see also Appendix A. The amendment also altered O.C.G.A. § 40‑5‑54 (2016), but the language in O.C.G.A. § 40‑5‑54(a)(2) (2016) remained unchanged. Id. As a result, a person who is convicted of a felony violation of O.C.G.A. §§ 16‑13‑30, 16‑13‑31, or 16‑13‑31.1 (2016) does not automatically receive a license suspension for such a conviction, as such person would have before O.C.G.A. § 40‑5‑75 was amended. See Appendix B. Rather, any suspension resulting from such a felony conviction would only be mandated if the conviction falls within the narrowed parameters of O.C.G.A. § 40‑5‑54(a)(2) (2016). Therefore, if a motor vehicle was used during the commission of a felony crime, such as a conviction for violating O.C.G.A. §§ 16‑13‑30, 16‑13‑31, or 16‑13‑31.1 (2016), the clerk would be required to report the conviction to DDS pursuant to O.C.G.A. § 40‑5‑54(a)(2) (2016). A conviction based solely on O.C.G.A. §§ 16‑13‑30, 16‑13‑31, or 16‑13‑31.1 (2016), without otherwise meeting the parameters set forth under O.C.G.A. § 40-5-54(a)(2)(2016), no longer triggers an automatic, mandatory suspension. The onus is on the clerk to first determine whether the conviction is reportable to DDS, and then to report such conviction pursuant to O.C.G.A. § 40‑5‑54 (2016) to DDS. The responsibility then shifts to DDS to determine the period of the mandatory suspension required by O.C.G.A. § 40‑5‑54 (2016) in each instance reported by the clerk. In addition, pursuant to O.C.G.A. § 40‑5‑151(e) (2016), a "person is disqualified from driving a commercial motor vehicle for life" if he or she "knowingly uses a motor vehicle in the commission of any felony involving the manufacture, distribution, cultivation, sale, transfer of, trafficking in, or dispensing of a controlled substance or marijuana, or possession with intent to manufacture, distribute, cultivate, sell, transfer, traffic in, or dispense a controlled substance or marijuana." As this code section places a lifetime disqualification on a convicted individual, a qualifying conviction must be reported to DDS in every such case, regardless of whether the person convicted currently holds a commercial driver's license. Every person has a commercial driving "privilege" that, in essence, lies dormant until such time as that person may apply for a commercial driver's license; every driver possesses the possibility of becoming a commercial driver if he or she is otherwise qualified and applies for such a license. See O.C.G.A. §§ 40‑5‑147 and 149 (2016). Thus, convictions which qualify pursuant to O.C.G.A. § 40‑5‑151(e) (2016) for disqualification from driving a commercial motor vehicle must be reported by the clerk to DDS in order to prevent a person who is so disqualified from obtaining a commercial driver's license at any point in the future. The responsibility lies with the clerk to determine if the offense qualifies pursuant to O.C.G.A. § 40‑5‑151(e) (2016) or § 40‑5‑54(a)(2) (2016), such that the clerk must report the conviction to DDS. See O.C.G.A. § 40‑5‑54 (2016). DDS then bears the responsibility for determining the length of any suspension or disqualification for the convicted individual based upon the report by the clerk. Id. Therefore, it is my official opinion that convictions for violations of O.C.G.A. §§ 40‑6‑391(2), (4), (6), and 40‑5‑151 (2016) should be reported by the clerk to the DDS and violations of O.C.G.A. §§ 16‑13‑30(b), 16‑13‑31, and 16‑13‑31.1 (2016) should be reported to DDS pursuant to O.C.G.A. § 40‑5‑54(a)(2) only when the clerk determines that the requirements of O.C.G.A. § 40-5-54(a)(2) have been met. Prepared by: Amy M. Radley Assistant Attorney General APPENDIX A Automatic suspensions by virtue of conviction alone include:[1] O.C.G.A. § 40-6-391(a)(2): Driving under the influence of drugs less safe O.C.G.A. § 40-6-391(a)(4): Driving under the combined influence of any two or more of the substances specified in paragraphs (1) through (3) of this statute to the extent that it is less safe for the person to drive O.C.G.A. § 40-6-391(a)(6): Driving under the influence of drugs per se (where there is any amount of a controlled substance, as defined in Code Section 16-13-21, present in the person's blood or urine, or both, including the metabolites and derivatives of each or both without regard to whether any alcohol is present in the person's breath or blood). APPENDIX B Suspensions pursuant to O.C.G.A. § 40-5-54(a)(2), by virtue of both a conviction of a felony and a determination by the clerk that a motor vehicle was used in the commission of said felony, include:[2] O.C.G.A. § 16-13-30(b): Unlawful manufacture, delivery, distribution, administration, sale, or possession with intent to distribute any controlled substance. O.C.G.A. § 16-13-31: Trafficking in cocaine, illegal drugs, marijuana, or methamphetamine O.C.G.A. § 16-13-31.1: Trafficking in ecstasy O.C.G.A. § 40-5-151(e): Disqualification from operating a commercial motor vehicle for life is the person convicted of any felony involving the manufacture, distribution, cultivation, sale, transfer of, trafficking in, or dispensing of a controlled substance or marijuana, or possession with intent to manufacture, distribute, cultivate, sell, transfer, traffic in, or dispense a controlled substance or marijuana (and knowingly used a motor vehicle in the commission of said crime) [1] There are many statutes which provide for an automatic driver's license suspension upon conviction, but only these three were germane to the request. [2] There are many statutes which, upon conviction, may result in a driver's license suspension pursuant to the mandate of O.C.G.A. § 40-5-54(a)(2), such as a felony conviction for carjacking, for kidnapping where a motor vehicle was used to confine or transport the victim, or for aggravated assault where the motor vehicle is the "weapon" used against the victim. Only the convictions pursuant to the statutes listed above were made part of the request.