(530) 244-1755

Attorney Robert Hamilton

Out Of State Residents or Drivers Who Get California DUIs

Scenario: You get a DUI in California -- then move to another state where you satisfy the terms of your court ordered probation by waiting out the suspension period and compeleting an out-of-state DUI Program.  You then find that regardless of whether you move back to California, no DMV in the country will give you driver's license.  What are your options?

Answer: You have two options (1) stay in California and complete the alcohol classes, or (2) move to another state and waive your "privilege" to drive in California.

So long as you live in California, Calfiornia DMV will never accept completion of an alcohol class from another state. The class must be taken in California even if the court accepted an out-of-state program in satisfaction of probation.

Note: DMV & Court are separate.

If you move out-of-state, you can call DMV Mandatory Actions Unit in Sacramento, California, at (916) 657-6525 and ask for a "1650 waiver packet."  They will only mail this packet to the licensee at an out-of-state address (you will also have to prove you live out-of-state with a utility bill or such).  This waiver allows out-of-state licensees to drive in California, but does not allow the out-of-state licensee to acquire a California license within 3 years of filing the waiver.  One can only qualify for the 1650 waiver once in a lifetime as of March of 2005.  The 1650 Waiver removes the California hold, assuming an SR22 is also on file with DMV. If you come back to California within 3-years and want your license back, you will have to take the applicable California DUIP class.

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