What if I Have a DUI but Don't Live in California and the DMV is Suspending my License?

Here is the scenario:  You get arrested in California for DUI and the DMV issues you a pink piece of paper stating your privilege to drive here will be suspended.  You request a hearing and you lose, or you ignore the notice and the time to demand a hearing has passed, your privilege to drive in CA is now suspended.  

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.

Matthew Ruff is a DUI Attorney in Torrance California.

How Does Bariatric Surgery Affect a DUI?

Bariatric surgery is commonplace in today's society.  The weight loss treatment that many people have to stem life threatening conditions can often lead to other problems.  Recently, the science in medical journals reported that many have seen an uptick in alcohol abuse.  What impact does the surgery have in a DUI case?  Well, the stomach is reduced significantly, essentially becoming a small pouch that can hold very little liquid.  As such, when alcohol is consumed it it rapidly absorbed and the BAC level peaks quickly then falls very quickly as well.  This condition does not lend itself to any rising BAC defenses due to the quick absorption times.  The surgery may have some influence on BAC levels that fall quickly but the science usually does not lend itself to any known DUI defenses.

Is a DUI a Felony in California?

No, not generally.  A simple DUI, which is codified as a Vehicle Code section 23152 is a misdemeanor in the state of California for all purposes.  The only time a DUI can become a felony is if someone was injured or seriously hurt or of the person charged has 3 or more prior DUI convictions in a 10 year period.  Some believe that the California DUI laws make a DUI a felony if your breath or blood test is very high, say above a .20%.  This is again false, according to one Manhattan Beach DUI Attorney who has defended thousands of these types of cases.  The BAC level will determine the kind of punishment that a judge will impose, such as a longer DUI school or a higher fine or some jail time but the blood alcohol level alone cannot turn a misdemeanor DUI into a felony anywhere in the state of California.  The best advice is to consult with a local lawyer who can go over potential penalties and consequences that may flow form a driving under the influence arrest,  Once you have this information you can make informed decisions about which way you may want to take the case, say a plea bargain or going to jury trial.

How Do I get An Extension to Finish My California DUI School?

It is perhaps the most onerous condition of any DUI probation, completing a 3 month, 6 month or 9 month alcohol education class.  For some the time necessary to attend is hard to find and therefore they drop out or stop attending only to find that their license is now suspended or they have a warrant for their arrest.  How do you get back in compliance?  The best way is to have an attorney go into court and obtain a re-referral to the program.  this will be required since the classes will not even talk to you wihout it. 

If you cannot afford a lawyer then show up in Court at 8 am and get in the clerk's line.  Ask the clerk to add you on the calendar to see the judge that day.  Be sure to have a legitimate excuse for the referral or simply be prepared to fall on the sword and admit you screwed up.  Having a California DUI is no fun but getting picked up on a warrant because you failed to complete the program is a much bigger problem.  The law can be used to help you get back on track if you want it. Good luck.

Would a DUI Disqualify a Person Under Obama's Immigration Order?

Recently the president ordered that no person will be deported from this country if they were brought here as children of an illegal alien.  The executive order has been widely applauded by most immigration groups.  But what if the immigrant has a DUI in the United States, would they be excluded from the new policy?  The short answer to that question appears to be no.  At this time the administration seems to have excluded most misdemeanors from the exclusion list that would cause a young person to still be deported.  Therefore it seems that at this time a DUI in California would not exclude you from Obama's executive order.

Many people also have concerns about crimes that were committed when they were minors, such as drunk driving and other alcohol related offenses and cases such as shoplifting or petty theft.  The good news is that pursuant to California law, any juvenile offense, that is one that occurred when your were under 18, cannot be used against you as a conviction.  So, in these cases the Obama immigration order would not even kick in to affect you in any way.

Can a DUI Prevent me from Entering Canada?

The answer is yes.  While there are exceptions, the country of Canada has very strict rules on who may enter the country.  Although a DUI is typically not the kind of crime that results in deportation, entering the nation could be difficult, particularly for non-citizens.  A drunk driving conviction will show up on a person's record and the immigration authorities will have access to those records for purposes of traveling in and out of Canadian territory.  How does Canada get that information?  Under a recent bilateral security agreement between the United States and Canada border agents access criminal records from states such as California instantaneously.  Therefore the border crossing guards will see every conviction of any criminal offense such as drunk driving, wet reckless, and other dui related charges.  What's even worse is that if the case is pending the immigration authorities may deem the traveler to be a fleeing fugitive by border and crossing guards and agents.

The best suggestion for anyone thinking of traveling to Canada anytime soon is to seek an expungement of the DUI conviction which can be done with minimal effort.  California does allow for a person to get a criminal offense removed from their record as a conviction and a lawyer can help in accomplishing this goal.

Also, there are methods to obtain a pardon or admissibility waiver for trips to Canadian provinces.

Trial By Declaration, What To Do When It Goes Wrong

In California, a speeding ticket can be fought by filing what is called a written trial by declaration.  In Kern County Courts the form is available online and the process is fairly simple, no legal training is necessary.  The process starts with filling out the declaration and stating why you believe you are not guilty of the speeding ticket.  Once you submit your written request and form the case gets transferred to the clerks office who will then request that the officer that wrote the ticket respond by writing his own statement of what happened,  the case then goes to the judge who decides which version is more credible and whether the state has met their burden of proof beyond a reasonable doubt.  But what happens when the trial by written declaration in Kern county is denied?  Well, according to Bruce Blythe a speeding ticket attorney in shafter ca , the case can still be fought.  the defendant can request a trial de novo and get a second bite at the apple.  The case will be set for trial and a lawyer can appear and fight the ticket for you if you cannot appear in court.  The success rate for attorneys is typically well over 90 percent.