But what if you do not live in California? The California DMV will take action against your CA license ( Or privilege to drive in CA) even if you do not live in the state if you blow a .08 and lose the administrative hearing or you are convicted of a DUI in Court. One of the biggest sources of frustration is when an out of state resident gets a DUI here and goes back to their home state and get a letter in the mail explaining their license is suspended or “cancelled” and will not be restored unless they complete an in state DUI program in California. Or another example is the person gets a DUI in California -- then moves to another state where they satisfy the terms of your court ordered probation by waiting out the suspension period and compeleting an out-of-state DUI Program. They then find that regardless of whether you move back to California, no DMV in any state in the country will give you a driver's license. The person facing a suspension can get very frustrated in trying to find out what to do.
The person has two options (1) come to California and complete the approved in person DUI classes (AB541 or greater), or (2) continue to reside out of state and request an application to terminate the action in California. So long as you live in California, California DMV will never accept completion of an alcohol class from another state. The in-person class must be taken in California even if the court accepted an out-of-state or online program in satisfaction of probation. (Note: DMV requirements and the Court probation conditions are separate.)
The “Application For Termination of Action”. California Vehicle Code 13353.5 allows the Department of Motor Vehicles (DMV) to terminate a DUI suspension or revocation for a person who is a resident of another state at the end of the suspension or revocation period. This will allow the person to apply for a license in their state of residence.
If you move out-of-state, you can call DMV Mandatory Actions Unit in Sacramento, California, at (916) 657-6525 and ask for a DL 4006 application for termination of action form or what was at one time called the "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). The termination action removes the California hold, assuming an SR22 (DL 300) is also on file with DMV. (California Proof Requirement for Non-Resident). Once the action is terminated in CA your driving privileges can be restored in your home state. According to the DMV, you are eligible for termination of action under VC §13353.5 if all of the following applies to you:
- Any suspensions or revocations imposed against your driving privilege have concluded.
- Any Administrative Per Se (APS) restrictions are no longer in effect.
- Any court-ordered restrictions or DMV ignition interlock device (IID) restrictions are no longer in effect.
- All applicable Administrative Service fees have been paid.
Here is the link to the DMV website which contains the necessary forms and information
https://www.dmv.ca.gov/portal/driver-education-and-safety/dmv-safety-guidelines-actions/driving-under-the-influence/statewide-ignition-interlock-device-pilot-program/termination-of-action-for-out-of-state-residents/
If you come back to California within 3-years and want your license back, you will have to take the applicable in state California DUI class.
The above process is required only if you are convicted in Court for VC23152 or 23153, if you are not convicted in Court of one of these code sections but still sustained an administrative suspension due to having a .08 or higher breath or blood test, under 21 zero tolerance, or refusal, you may not need to get a 1650 waiver or worry about requesting a “termination of action” but will still be required to file an SR22, ride out the administrative suspension, which could be as long as 3 years, and pay the necessary reissue fees.
If you come back to California within 3-years and want your license back, you will have to take the applicable in state California DUI class.
The above process is required only if you are convicted in Court for VC23152 or 23153, if you are not convicted in Court of one of these code sections but still sustained an administrative suspension due to having a .08 or higher breath or blood test, under 21 zero tolerance, or refusal, you may not need to get a 1650 waiver or worry about requesting a “termination of action” but will still be required to file an SR22, ride out the administrative suspension, which could be as long as 3 years, and pay the necessary reissue fees.
Matthew Ruff is a DUI Attorney in Torrance California.
Is there any precedent for the DMV refusing the 1650 packet? I got my DUI then moved out of state. The DMV is now saying that even tho I have been mailed this packet three times now I am not eligible ever unless I come back to California and complete the program.
ReplyDeleteThe statement that one can only apply for the 1650 waiver is inaccurate. As of 8/2012 I spoke with an agent in the CA. DMV Mandatory Action Unit that said this policy was changed and one can now do it more than once in a lifetime. Also proof of residency requirements include written statements of residency from family members that provide housing to the applicant as long as the housing provided is in any state other than CA. Hope this helps.
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