He has a possession charge in 2008?
DUI / DWI Attorney
Unfortunately we have started to see the same outcome in our practice. Your son was declared an Habitual Violator for the 3 DUIs in 5 years. Normally he can get a restricted license after 2 years, as long as he would have installed an ignition interlock device on his car. However, the prior drug possession charge is now preventing him. Unfortunately he will have to wait out all 5 years before getting a license because of the drug charge.
4 lawyers agree
Criminal Defense Attorney
What exactly is your question. It sounds like you already got the information you are looking for.
No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions & Answers forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. I am only licensed in the States of California and New York and the District of Columbia
DUI / DWI Attorney
The new law which loosens the restrictions ons a 2/5 DUI is what's causing the problem for your son's 3/5 DUI. He should be able to reinstate his license 3 years after his conviction on the 3rd DUI.
James L. Yeargan, Jr. is licensed to practice law in the State of Georgia. All information given is based only on Georgia law, and is not directly applicable to any other jurisdictions, states, or districts. Any answer given assumes the person who asked the question holds a Georgia Drivers License, and this license is not a commercial drivers license (CDL). This response, or any response, is not legal advice. This response, or any response, does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information. Any state specific concerns should be directed to an attorney who is licensed to practice law in that respective state.