Suspension of Driver’s License For Those Under the Age of 21 or 18

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license suspension

There are a multitude of reasons that the State of Georgia can suspend a license to operate
a motor vehicle. Some of the primary offenses, which result in mandatory suspension no
matter the age of the offender, include the following as laid out in O.C.G.A. § 40-5-54:

(a) The department shall forthwith suspend, as provided in Code Section 40-5-63, the
license of any driver upon receiving a record of such driver’s conviction of the following
offenses, whether charged as a violation of state law or of a local ordinance adopted
pursuant to Article 14 of Chapter 6 of this title:

(1) Homicide by vehicle, as defined by Code Section 40-6-393;

(2) Any felony in the commission of which a motor vehicle is used;

(3) Hit and run or leaving the scene of an accident in violation of Code Section 40-6-270;

(4) Racing on highways and streets;

(5) Using a motor vehicle in fleeing or attempting to elude an officer; or

(6) Operating a motor vehicle with a revoked, canceled, or suspended registration in
violation of Code Section 40-6-15.

Other offenses that can include suspension of a driver’s license include:

? Noncompliance with a child support order (40-5-54.1)
? Failure to respond to citation (40-5-56)
? Reckless stunt driving (40-5-57.2, 40-6-390.1)
? Driving under the influence of drugs, alcohol, or other intoxicating substances

Additionally, as per the O.C.G.A. § 40-5-57, the State of Georgia establishes its right to
revoke or suspend motor vehicle licenses of those drivers it deems to be dangerous or
negligent in their operation of said vehicles. To achieve this, the O.C.G.A. establishes a
point system, assigning point values to different infractions based on their severity.
Under normal circumstances, a person would need to acquire 15 points in any consecutive
24 month period.

However, if you are under the age of 21 or 18, and you are being accused of violations
involving the operation of a motor vehicle, it is imperative you understand that you are held
to an even more rigorous legal standard.


According to the text of the O.C.G.A. § 40-5-57.1:
(a) …the driver’s license of any person under 21 years of age convicted of hit and run or
leaving the scene of an accident in violation of Code Section 40-6-270, racing on highways
or streets, using a motor vehicle in fleeing or attempting to elude an officer, reckless driving,
any offense for which four or more points are assessable under subsection (c) of Code
Section 40-5-57, or a violation of Code Section 40-6-391 shall be suspended by operation
of law as provided by this Code section.
(b) The driver’s license of any person under 18 years of age who has accumulated a
violation point count of four or more points under Code Section 40-5-57 in any consecutive
12 month period shall be suspended by the department as provided by subsection (c) of this
Code section.

Therefore, a driver under the age of 21 instead has a threshold of only four (4) points before
facing suspension. Additionally, a plea of nolo contendere under these circumstances is
considered a conviction.

Every infraction that could potentially add four (4) or more points to one’s license, resulting
in immediate suspension:

? Aggressive driving… …6 pts

? Reckless driving… …4 pts
? Unlawful passing of a school bus… …6 pts
? Improper passing on a hill or curve… …4 pts
? Exceeding the speed limit by 24 mph or more… …4 pts
? Exceeding the speed limit by 34 mph or more… …6 pts

In addition to these infractions, nearly every other moving violation has the potential to add
points to your license, and with such a strict standard, it is crucial that each infraction be
vigorously defended.


Having one’s license suspended can be incredibly damaging. It makes access to work or
education far more difficult, often negatively impacting one’s financial situations during times
in which it is the most important to have financial security. Under the rules that govern
drivers below the ages of 21 and 18, even a first time offender will face a suspension of six
(6) months, in addition to fines and potential courses mandated by the courts. Second
infractions within a period of five (5) years will result in a 12 month suspension, and further
infractions can characterize one as a habitual offender, resulting in a complete revocation of
one’s license.

Because of this, it is important to be as proactive as possible when defending any type of
motor vehicle infraction!


If you have been charged with any traffic violations, or crimes that could otherwise
jeopardize your access to a motor vehicle, and need the best local criminal defense
attorney, give Bixon Law a call today to speak to one of our experienced Georgia criminal
defense lawyers. We will vigorously defend your criminal defense rights, and advocate on
your behalf to have your criminal case dismissed or your charges reduced. As experienced
trial attorneys, we are not afraid to take your case to trial if necessary. We represent clients
in Atlanta and throughout the state of Georgia. We are lawyers who are committed to

helping people in difficult situations, and we invite you to call us at (404) 551-5684 for a free
consultation on your case today.