Facing California DUI Charges But Live In Another State? Our San Diego Attorney Can Help.
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 take part in the numerous other activities that make San Diego a destination. However, someone can run into an unfortunate situation while visiting, which gets law enforcement involved. If this happens, do not hesitate to call The Law Offices of Mark Deniz APLC at 858-429-9982 for a free case evaluation.
Out-Of-State Licensing Issues
If you are arrested for DUI but your license was issued by a state other than California, the police cannot take away your driver’s license. However, do not ignore the charge. The California Department of Motor Vehicles (DMV) will still suspend your license, and that suspension will be reported back to your home state via the Interstate Driver’s License Compact (IDLC). When that happens, you can suffer suspension or revocation of your home state driving privileges. The penalties for this vary by state.
If You Move From San Diego To Another State
If you pled guilty to a DUI charge in California and, for whatever reason, moved out of state, what should you do? You are likely scared that you will be forced to stay in San Diego to complete the programs necessary for a DUI conviction. After you move, 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 Delaware, Kentucky, Minnesota, New Mexico, Oklahoma or Pennsylvania, which are states that do not have SR-22 insurance. Speak to our lawyer about possible defenses after being charged with DUI.
A Possible Scenario And What To Do
Scenario: After being charged with DUI in California, you move out of state. There, you finish an out-of-state DUI program. Now you can’t get a license in any state. What do you do?
Answer: You can “waive” the privilege to ever drive in California, or you can opt to stay in California until after you complete the required alcohol classes. Our state does not accept out-of-state alcohol programs. It is important to note that the California DMV is separate from the California court system.
You can call the DMV and ask for a “1650 waiver packet,” which may remove the hold on your license. Order the 1650 Waiver form and DL 300 from the DMV. You cannot return to California and drive for three years. If you do move back before then, you will have to complete the California alcohol program.
You could also request this waiver from the Mandatory Actions Unit of the DMV in Sacramento. Prove that you live out of state by providing an official document (such as a utility bill) that shows you live in another state.
You can also choose to terminate your California driver’s license.
Work With An Attorney Who Understands The Many Possible Scenarios
Contact The Law Offices of Mark Deniz APLC now for a free case evaluation. You can also call us at 858-429-9982. Our lawyer, Mark Deniz, will walk you through the steps you need to take and explain what your options are.