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What to do with a San Diego DUI when you live out of the state or area. Driving under the influence charge

On Behalf of | Feb 5, 2016 | Firm News |

Many of my clients do not live in San Diego.  Do not worry.  If you deal with a firm that is set up to help you the process can be worked out.  If you are an out of area driver who was arrested for DUI call our office at 858-751-4384.

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.

The best thing is we can go to court for you.  We can file the paperwork with the court that allows this.  This saves someone taking several days off making a trip multiple times.  We can head to the DMV and handle the APS hearing down here as well.  The APS hearing is key because you need to set the matter within 10 days of arrest.  The APS hearing deals with fighting to keep your license. You can find out more information on this here.

Our office is set up to send our retainer to for the persn to not have to come to the office to sign.  We can have meetings using the best technology out there.  We set have the set up that the client has all the benefits of being close to the office workng with the firm on the case from out of the area.  Call the office now to get started at 858-751-4384.

When you do live in California we can make sure the court will transfer and allow a someone to complete any course locally.  The firms goal is to provide the smoothest sailing through the process. There are a million questions that pop up with DUI arrests and you want an experienced attorney who will ensure you are doing everything you can and should be doing.  Check out our client reviews to see our success.  Call our office now to get started at 858-751-4384.

The rest of the article will focus on out of state drivers.

Licensing Issues

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.


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.

1. Will a DUI affect my driving privileges in my home state?

Through an agreement called the Interstate Drivers’ License Compact, California is one of 45 states that shares information with other states regarding serious driving offenses such as an arrest and conviction for a DUI. The only states that are not a party to the Interstate Drivers’ License Compact are Georgia, Massachusetts, Michigan, Tennessee, and Wisconsin.

2. If I live in California, but still have an out of state drivers’ license, will I be considered an out of state driver?

Yes. This means both that the arresting officer cannot confiscate your license and that the issuing state will be notified of the arrest if a member of the Interstate Drivers’ License Compact.

3. I don’t live in California and cannot remain in the state for the proceedings; do I have to attend the administrative DMV hearing or the court hearings?

In most misdemeanor DUI cases, you may waive appearance and have your attorney appear in court on your behalf. This is a strong benefit for out of state drivers who are unable to remain in the state throughout the proceedings. It is important to hire a local attorney, such as the Law Offices of Mark Deniz, who are knowledgeable in the out of state rules involved in the DUI process.

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