Persons who are lawfully present in the United States may operate a motor vehicle while in possession of
a foreign driver’s license for up to one year after arrival in the U.S.1; provided, however, that if they
become a resident as defined by O.C.G.A. §40-5-1, they must obtain a Georgia driver’s license within 30
days2. Those persons who are not lawfully present in the United States will not qualify for residency
status for the purpose of obtaining a Georgia driver’s license3. There is no legally valid document titled
“International Driver’s License.” Foreign citizens may obtain an International Driving Permit from their
government that serves as an English translation of their original license. The foreign license must
accompany the International Driving Permit for it to be considered valid4. Officers should never seize a
foreign driver’s license or international driving permit unless the situation would justify the seizure of a
Georgia driver’s license. Officers should also be mindful of the exemptions enumerated in §40-5-21.
Reference books are available that provide illustrations of legal foreign documents, including driver’s licenses. { 1) See Murphy, Interpretation of 1949
Convention on Road Traffic, Contemporary Practice of the United States Related to International Law, 96 Amer. J. Int’l L. 709 (2002); 2) O.C.G.A. §§ 40-5-1,
40-5-20; 3) Diaz v. State, 245 Ga. App. 380 (2000); 4) Olson, Foreign Nationals and Driver’s Licenses, Memo (Prosecuting Attorneys’ Council of Georgia -
August 11, 2006) }. |