I am finishing up with a handful of summer cases where my clients lived out of state. These cases are always different in handling than DUI cases where the person lives in the area. There are many wrinkles when dealing with an out of state driver getting a San Diego DUI. We will jump into some of the issues and how to deal with them.
San Diego is one of the most popular tourist destinations in the United States. People from out of state come to San Diego to visit the beaches, attend conventions, and the numerous other activities that make San Diego a destination. However, someone can run into an unfortunate situation while visiting that got law enforcement involved. If this happens do not hesitate to call the Law Offices of Mark Deniz at 858-751-4384 for a free case evaluation.
First, if you are arrested for a San Diego DUI, but your license was issued by a state other than California, the police cannot take away your driver’s license. However, that does not mean you can simply ignore your DUI charge. Even if you are licensed in another state, the California DMV will suspend you in California and this will likely be reported back to your licensing state through an agreement the various states have with each other (the Interstate Driver’s License Compact (IDLC)), with the exception for license issuing states of Georgia, Massachusetts, Michigan, Tennessee, Wisconsin, or Wyoming.
Since the IDLC reports back to a driver’s home state, drivers who are arrested for a DUI in San Diego can suffer suspension or revocation of their driving privileges in their home state. Some states will apply the same penalties as California, others will enhance any penalties and fines imposed by the DMV and California courts. Some states do not recognize a DUI conviction or suspension unless it meets the same terms as a DUI in that home state.
If you live in another state, but get a San Diego, you should contact the Law Offices of Mark Deniz at 858-751-4384 for a free case evaluation.
Moving From San Diego To Another State
Someone may have pled guilty to a DUI and for a variety of reasons moved out of state. This seems to happen a lot in San Diego due to a large number of military personnel and students. What do you do? People are scared that they will be forced to stay in the area to complete the programs necessary for a DUI. If you currently have an SR-22 and move to another state, you must maintain the SR-22 as though you still live in California. Also, your insurance policy for your new state must have liability minimums as required by law in California. This applies even if you move to a state that does not have SR-22 insurance, such as: Delaware, Kentucky, Minnesota, New Mexico, Oklahoma and Pennsylvania.
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.
You may apply for Termination of California DMV’s Suspension Action based on Out of State Residency. Please note, you are giving up your CA driver’s license and may need to complete requirements if you decide to apply for CA drivers license at a later time. Basically you will not be able to drive in California for three years, and you must file the forms or you’ll never be able to drive in California again, even on a valid out-of-state license
You have to contact Mandatory Unit and order the 1650 Waiver form and DL 300 from DMV at (916) 657-6576 or Fax (916) 657-5942.
You will also need to provide an SR-22 and affirm that you will not return to California for three years. That’s the only way to avoid doing the alcohol program in California.
If you live out of state and receive a DUI in California while visiting the state, or you have a California driver’s license and then move to another state, then you may have a challenge satisfying the terms set forth by the Department of Motor Vehicles (DMV) to remove the hold on your driving privileges.
Generally, the Court will allow you to enroll in and complete an out of state comparable alcohol program to meet the Court’s requirement that you complete an alcohol education class; unfortunately, that out of state class will not satisfy the California DMV’s requirement regarding licensing. The DMV will only accept alcohol programs completed in California. In other words, there will be a DMV hold placed on your California license or California Index Number and you will lose your privilege to drive in the state until that alcohol program is completed in California.
The good news is that there is an option to remove the hold and allow you to drive in the state. You can complete a once in a life time 1650 Waiver Packet which if granted, allows an individual with an out of state license to drive in California. Should the 1650 waiver be granted, then it would not allow the person to obtain a California license within 3 years of filing the waiver. You can contact the Mandatory Actions Unit of the DMV in Sacramento to request the application for this waiver. You will have to prove that you live out of state by providing a utility bill or another official document showing proof of residency in another state as a part of the application packet. As of March 2005, you are only eligible for the 1650 waiver one time only. This waiver will remove the California hold from your license or index number as long as you have an SR-22 (proof of financial responsibility) on file with the DMV. It is important to note that if you move back to California within three years from your conviction date that you will have to complete another alcohol program here in order to receive a California license again.
Contact the Law Office of Mark Deniz now for a free case evaluation at 858-751-4384.