Title 40, Chapter 5, Section 1
As used in this chapter, the term:
(1) "Assessment component" means the standard screening instrument
or instruments designated by the Department of Human Resources
which are used to screen for the extent of an individual's alcohol
or drug use and its impact on driving.
(3) "Cancellation of driver's license" means the annulment or
termination by formal action of the Department of Motor Vehicle
Safety of a person's license because of some error or defect in
the license or because the licensee is no longer entitled to such
license. The cancellation of a license is without prejudice, and
application for a new license may be made at any time after such
(3.1) "Clinical evaluation" means an evaluation under Chapter 7 of
Title 37 at a facility to diagnose an individual's substance abuse
or dependence and, if indicated, to refer the individual to
(4) "Code Section 40-6-391" means Code Section 40-6-391 of the Official Code of Georgia Annotated, as now or hereafter amended, any federal law or regulation substantially conforming to or parallel with the offense covered under Code Section 40-6-391, any local ordinance adopted pursuant to Article 14 of Chapter 6 of this title, which ordinance adopts the provisions of Code Section 40-6-391, or any previously existing or existing law of this or any other state, which law was or is substantially conforming to or parallel with Code Section 40-6-391.
(5) "Commissioner" means the commissioner of motor vehicle safety.
(6) "Conviction" means a forfeiture of bail or collateral
deposited to secure a defendant's appearance in court, the payment
of a fine, a plea of guilty, or a finding of guilt on a traffic
violation charge, regardless of whether the sentence is suspended,
probated, or rebated.
(7) "Department" means the Department of Motor Vehicle Safety.
(8) "Disqualification of driver's license" means a prohibition
against driving a commercial motor vehicle.
(9) "DUI Alcohol or Drug Use Risk Reduction Program" means a program certified by the Department of Human Resources which consists of two components: assessment and intervention. In the case of a conviction or plea of nolo contendere to a violation of Code Section 40-6-391 or in any other instance in which a person may be referred to a DUI Alcohol or Drug Use Risk Reduction Program, the program administers the assessment component and refers such offender to the intervention component.
(10) "Intervention component" means a program which delivers therapeutic education about alcohol and drug use and driving and peer group counseling concerning alcohol and drug use over a period of 20 hours utilizing a methodology and curriculum approved and certified by the Department of Human Resources for the DUI Alcohol or Drug Use Risk Reduction Programs under subsection (e) of Code Section 40-5-83.
(12) "Mail" means to deposit in the United States mail properly
addressed and with postage prepaid.
(13) "Owner" means a person other than a lienholder or security
interest holder having the property in or title to a vehicle. The
term includes a person entitled to the use and possession of a
vehicle subject to a lien or security interest in another person,
but excludes a lessee under a lease not intended as security.
(13.5) "Personal information" means any information that
identifies a person, including but not limited to an individual's
fingerprint, photograph, or computerized image, social security
number, driver identification number, name, address (other than
five-digit ZIP Code), telephone number, and medical or disability
(14) "Present and future minimum motor vehicle insurance coverage" means minimum coverage as specified in Chapter 34 of Title 33, which coverage cannot be canceled except for a subsequent conviction of an offense enumerated in Code Section 40-5-54 and after giving the commissioner 20 days' written notice prior to the effective date of the cancellation.
(15) "Resident" means a person who has a permanent home or abode
in Georgia to which, whenever such person is absent, he or she has
the intention of returning. For the purposes of this chapter,
there is a rebuttable presumption that the following person is a
(A) Any person who accepts employment or engages in any trade,
profession, or occupation in Georgia or enters his or her
children to be educated in the private or public schools of
Georgia within ten days after the commencement of such
employment or education; or
(B) Any person who, except for infrequent, brief absences, has
been present in the state for 30 or more days;
provided, however, that no person shall be considered a resident
for purposes of this chapter unless such person is either a United
States citizen or an alien with legal authorization from the U.S.
Immigration and Naturalization Service.
(16) "Revocation of driver's license" means the termination by
formal action of the department of a person's license or privilege
to operate a motor vehicle on the public highways, which license
shall not be subject to renewal or restoration, except that an
application for a new license may be presented and acted upon by
the department after the expiration of the applicable period of
time prescribed in this chapter.
(16.1) "Singularly or in combination" means that the department,
in determining whether or not a person's license or privilege to
operate a motor vehicle on the public highways is to be revoked as
a habitual violator, is to treat each charge for which a
conviction was obtained as a separate transaction when determining
whether or not a person has the requisite convictions which
mandate such a revocation.
(16.2) "Substance abuse treatment program" means a program of
treatment under Chapter 7 of Title 37 at a facility authorized to
provide services designed to meet an individual's substance abuse
treatment needs based upon the results of a clinical evaluation
performed by a provider other than the provider of the treatment
program for such individual.
(17) "Suspension of driver's license" means the temporary
withdrawal by formal action of the department of a person's
license or privilege to operate a motor vehicle on the public
highways, which temporary withdrawal shall be for a period
specifically designated by the department.