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DUI and moving out of California

If you get a DUI in Fresno, then move out of state, or concurrently lived out of state, there are several issues you must deal with to help with regaining your privilege to drive a motor vehicle both in California and your home state.

Do you have a California DUI Charge, but live in Another State?

 Fresno is one of the more popular areas to visit, with Yosemite Valley, Sierra Nevada's, the Coastal Range, Pacific Ocean and the beaches all nearby.  However, some people run into an unfortunate event while in Fresno, they receive a DUI from the Fresno area Law Enforcement Officers.  If this happens to you, Call Jonathan for Help.

Licensing Issues:

 If you are arrested for a DUI while in Fresno, but your license was issued by your home state, which is not California, the police cannot confiscate your out of state drivers license.  Keep in mind, this does not mean you can ignore your DUI charges.  Even though 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 that many states have with each other (It is called the Interstate Driver's license Compact (IDLC)), with the exception of a few states such as Georgia, Massachusetts, Michigan, Tennessee, Wisconsin, or Wyoming.

Because the IDLC reports to the Driver's home state, motorists arrested for DUI in Fresno can suffer a suspension or revocation of their privilege to drive a motor vehicle in their home state.  Many states will also apply the same penalties as California, while other states will enhance any penalties and fines imposed by the DMV and California courts.  Some states do not recognize a DUI conviction or suspension from another state unless it has the same minimum requirements of the home state requires for a DUI.

Moving from Fresno to Another State:

 Many people have received a DUI and subsequently plead guilty in to the DUI, then move out of California.  It becomes a difficult question of what to do when this occurs.  People are scared they will be forced to remain in California to complete a DUI program to end the action against their drivers license. If you have a current SR-22 and move to another state, you must maintain the SR-22 as though you still live in California.  This apples even if you move to a state that does not have SR-22 insurance.

 Scenario: You get a DUI in Fresno -- then move to another state where you satisfy the terms of your court ordered probation by waiting out the suspension period and completing an out-of-state DUI program.  You will find that regardless of whether you move back to California, no DMV in the nation will give you a driver's license.  What options do you have to regain your license and privilege to drive a motor vehicle?

Answer: You have two options (1) Remain in California and complete the DUI classes, or (2) move to another state and waive your "privilege" to drive in California.

So long as you live in California, California 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 request 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, IRS letter, or various other methods of proving out of state residency). 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 DUI Alcohol 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 driver's license at a later time. In short, 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, out of state classes and internet based DUI clases 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 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.

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"Criminal defense is about helping good people, that is what I do." Jonathan Rooker

Experienced Fresno and Madera County Criminal Defense Attorney Jonathan Rooker understands the needs of each client are quite unique to each individual client. Some clients are looking to keep their drivers license, others are looking to avoid long periods of incarceration. Many times pride and principles are cited for the client's motivation to achieve a particular resolution to their case. Many clients just want to put their life, family, and career back together. It is the responsibility of the defense attorney to coordinate and effective defense for the benefit of the client. It is essential that I provide the best defense for the individual person and their specifically tailored needs in life. I will help you by building the best defense that the facts allow. One important aspect of hiring a private attorney is the time they spend listening to your needs, and working to obtain an effective resolution under the circumstances. When these problems arise, it's time to reach out for a helping hand. I handle criminal defense cases on a daily basis, helping people with their issues. Let me help you.