When You Can’t Get a License Outside of California Because California Suspended Your License
81When You Can’t Get a License Outside of California Because California Suspended Your License
I get many calls from people who get DUI’s in California, and get their California driver’s license suspended, but then move out of California to another state. Then they find out that state won’t give them a license because of the California suspension. If you’re in this situation, read on to learn what you can do to get that other state to give you a license.
Let’s say you were convicted of a first-time DUI in California and your license was suspended. In order to get rid of the suspension, the DMV requires you to complete a three month alcohol class. The CA DMV will not, ever, accept completion of an alcohol class from another state. The class must be taken in CA. It doesn't matter that the court will accept an out of state program to satisfy its term of probation.
Now you move to, let’s say, Colorado. You are a trucker, and you obviously need a commercial license in Colorado to get a job and support yourself and your family. Your problem is that Colorado has a hold on your license because of the CA suspension.
One way you can fix that is to call DMV's Mandatory Actions Unit in Sacramento, CA (916-657-6525) and ask for a "1650 waiver packet." They will mail you the packet to your Colorado address. You must fill it out and return it. You will have to show proof that you actually live there, such as a utility bill with your name and address on it. By returning the finished packet to the DMV you are waiving your privilege to drive in CA. Then CA will lift the suspension and Colorado will then lift the hold they placed on your privilege to drive in Colorado. Then you can drive and work and support your family and continue on your happy life.
If you come back to CA within 3 years of the CA DMV processing the waiver and you want your CA license back, you will have to comply with the requirements that existed before, ie., complete the 3 month alcohol class in CA. If you come back and apply for a CA driver’s license after 3 years, you won't have to take the class. Beware, though, that a person can only waive their privilege to drive in CA once in his/her lifetime.
So to sum up you have two options: 1) you can either come back to CA and complete the 3 month alcohol class, or 2) you can waive your privilege to drive in CA.
Remember, if you have a legal question, you should seek legal advice from a qualified attorney. Nothing written here should be considered legal advice.
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Comments
Thanks for the info regarding the 1650 waiver, now I can make a more infored decision
This sounds too good to be true. It would be perfect for my situation. I just got my srcond dui in CA and am moving to another state soon.
This is really useful information. It was difficult getting consistent information from officials in California.
thanx! im in the military and i received a d.u.i. in alaska. now i live in indiana and i still cant get a licence. one word of advice to anyone. if you move to a new state, get a local driver licence. you'll only deal with one mess. i could of had my alaska licence in july. but california has a hold on it till october. so to this day, i have to wait. whoop-dee-doo
Thank you so much for the advice/information. I learned more about what I needed to do than I could ever find out standing in a 3 hour DMV line.
YES THE WAVIER PACKET I JUST SENT MINE IN TO CALIFORNIA ABOUT 2 WEEKS AGO I DIDNT EVEN KNOW ABOUT IT UNTLE RECENTLY IF LIVED IN OREGON ABOUT 3 YEARS AND ITS REALLY HARD TO FIND A JOB WITHOUT A DL BUT TAKING FOR A RESPONES
I have been convicted of my first DUI. It happened here in CA. I was innocent of the charges but my attorney wasn't able to stop the ruling against me. I continued to fight the charges and recieved my Not Guilty verdict one year and a month after the initial traffic stop for driving with a light bulb out on my license plate. Now I am being held accountable to the DMV and the court's decision isn't changing the outcome at the DMV where I must file an SR22 and pay my restitution fine. What am I supposed to do?
Hi Suzanne,
The DMV has a form for prosecutors to fill out letting the DMV know that you were not convicted of the DUI. You can ask your attorney to give the form to the prosecutors who handled your DUI case to see if they will fill it out and you can send it to the DMV. The idea is to try to convince the DMV that you were in fact not driving under the influence, and that, since you won your criminal case, you should also win your DMV case. Beware though, I think you have to give that form to the DMV within one year of your arrest. You might be too late.
However, your DUI case and your DMV issues are entirely separate. The prosecutors have a much higher burden to prove that you were DUI than the DMV's burden to prove that you should have your license taken away.
What are you supposed to do? It is probably too late too late for you to do anything. Contact a lawyer near you for a consultation. You can also check out www.wklawdui.com.
Is this information still accurate?
It is still accurate. It is all based on California Vehicle Code section 13353.5
california ,el cajon sold my court fines to collections on a dui from 5+ years ago and the court and or dmv flagged my licence sence then i never have the money to pay and have no job but to make it short how do i get around this to get a licience in nm the fines are what they want and are waiting on the collections to report back that i payed
Hi Wes. I have an office in El Cajon. If you like, you can send me an email with your contact information and I'd be glad to discuss your situation with you. Just click on "Contact CA Esq." above.
Two questions:
Is there any other way to get this 1650 form? I have been requesting this form from California for weeks now and only getting run around in circles. They say they have mailed it and will not resend it. I am about to loose my home in Oregon due to lack of employment due to lack of drivers license. ARGUH.
I just read CA vehicle code 13353.5 and it simply says that the DMV needs "a written application of the person", it does not mention the 1650 form at all. Does this mean that I can just send them the proper information without the freeking form?
Please help if you can.
Thank you.
Hmm. I don't know why they won't resend it. I would keep calling and bugging them until they resend it. You'll likely get a different person answering the phone each time, so hopefully you'll get someone who will send it to you again.
Thanks for the information - I was able to call the CA DMV and have them mail me the packet. One aspect of this that should probably be mentioned is that they won't release the hold until your suspension is actually up in California. If you request the packet in June but your license is suspended until November, they'll mail the packet to you but you won't be eligible for the release until your suspension ends. It takes four to six weeks to process the application, though, so you're advised to send it off a few weeks before that date.
Also, they require an SR 22 to approve the release. It seemed sort of strange to me that since they're not actually issuing you a license they would ask for this, but insurance is apparently required even to lift the license hold.
A great resource here and very much appreciated!
do all fines have to be paid before you get approval on suspension lift. it's been 5 and a half years since i got my ca dui and now live in colorado. i sent for packet 2 days ago and wondering what other processes will i have to go through once it is hopefully approved. do you just go into co dmv and hand them the ca response or is it a time consuming headache and lack of communication that takes weeks?
If dmv suspended my license for a year can i still fill out the 1650 if i move out of state. Or do i have to wait it out a year and then i'm eligablie for the 1650?
If dmv suspended my license for a year can i still fill out the 1650 if i move out of state. Or do i have to wait it out a year and then i'm eligablie for the 1650?
please check your email in regards to my question!
Thank you very much!
Devan
I'm attempting to help a friend.
Here is the question: Is there any other way other than the 3-month alcohol class IN CALIFORNIA, to satisfy DMV in order to release a suspended license if the 1650 waiver packet was already used in the past?
More: Are California Alcohol classes offered by Oregon accredited "schools"? Will California accept any substitution for their "Alcohol Class"? Where would one find a syllabus of a typical accepted "Alcohol Class" that California uses? Can a person fly to California on the weekends to attend the class? Is there anything online?
My questions seek a way around the problem, but please know that my friend has long term sobriety, is very active in AA, has completed a comprehensive treatment program, and unbelievably...does not drive. The "Alcohol Class" for him to have to return to California for three months would be punishment, not education.
Any creative ideas?
Hi Robert. Unfortunately, the California DMV does not accept any alcohol classes outside of California. If you friend ever wants to fix his California DMV problem, and if he is no longer elibile for the 1650 waiver, his ONLY option is to complete an alcohol class in California.
Various locations, companies, counties offer the 3 month classes. If he is interested in attending a class, he should contact the class providers themsevles to discover the most convenient way of attending.
Best of luck.
Many thanks for your prompt reply. One last request for help please. Do you have a link to class providers handy? Thanks again.
Unfortunately I do not. Every county does this differently. For example, in Orange County, there are many (at least a dozen, I would guess) private companies that offer the classes. In San Diego County, however, there are 4 main locations that offer the classes. So I would first have your friend decide where he wants to attend the classes, and then either contact the court in that location for more information or contact a criminal defense lawyer in that county to request some info.
You've been most helpful. Thanks
I did exactly what you said in 2006 it really works. however, during the first 3
years I was told it was ok to drive in california with my new out of state
license. Because my california license would only reflect expired not
revoked or suspended any questions ubusgroup@yahooo.com
do i actually have to obtain an sr-22 even though my 1650 waiver has not been approved yet? I live in colorado. do i have to get insurance way before i even know if they will lift my suspension?
The CA DMV requires you to have the SR-22 insurance to drive in California. If you don't plan on driving in CA, then I don't know why you would need the SR-22. Now, if the court requires you get the SR-22 as a term of probation, or if the Colorado DMV requires the SR-22, then that would be a different story, and that's not something that I would know about.
If dmv suspended my license for a year can I still fill out the 1650 if I move out of state. Or do I have to wait it out a year and then I'm eligablie for the 1650? Please advise:+)
Amber, you will have to serve out your mandatory 1-year suspension period before you are eligible. This article is a little misleading.
i just spoke to the DMV trying to get the 1650 form they said i have to pay my fines out in full before i even get the form sent to me is this true?
i moved from california to hawaii. but when i lived in california i never had a license but somehow i managed to get a dui. my license priviledges were suspended and they said i have to complete a 3month alcohol class in cali to get priviledges back. am i still eligible to get a license here in hawaii? and will being military help at all?
Your right. Thanks a lot!
California Vehicle Code section 13353.5 reads in part: "If a person whose driving privilege is suspended or
revoked...is a resident of another state AT THE TIME THE MANDATORY PERIOD OF SUSPENSION OR REVOCATION EXPIRES, the department may terminate the suspension or revocation, upon written application of the person, for the purpose of allowing the person to apply for a license in his or her state of residence." Note the capitalized words. A first time DUI in CA triggers a 6 month suspension. However, only the first month is a mandatory suspension; you may be able to get a restricted (as opposed to a suspended) license for the other 5 months. On a second DUI in CA, the mandatory suspension is for one full year. In other words, you can't even get the suspension switched to a restriction until after one year.
So, after a second DUI in CA, if you are living out of CA a year after the suspension starts, then (and not before then) you can seek the benefits of the 1650 waiver packet and ask the CA DMV to drop the suspension, thus allowing you to get a license in the state you're living in.
You can always check the statute for clarification (even though it's not written all that clearly.) You can read the statute at this website:
You can also take an online dui class to meet court requirements(Not DMV) here http://www.OnlineDuiClass.com
Finally paid my fine in CA for Dui. Sent waiver 1650 in for second time, now does the waiver, if approved, make me exempt from the alcohol classes that I never completed? I live in Colorado and do I have to wait until waiver comes back to attempt going to DMV here or is it automatically entered into the system? Still confused on SR22.
HELP!!!!!!
i was convicted of dui in september 2006 in the state of california. at the time i was not a resident of that state. my home state of ny never repected californias suspension. then i moved to nevada and when i tried to get a DL there, they informed me of californias suspension.
i did a 6 month alcohol class and the court accepted it i then called the cal dmv and was under the impression that my alcohol program was accepted by them as well even though EVERYONE says there only accepted if completed in california. another thing the lady told me was i was to have sr-22 untill september 20th 2009, three years after my conviction. so am i now exempt from having to file sr-22? even though they say it must be continuous for three years
i still have not filed for it nor have i called the dmv even though sept 20th has passed.
its been a long time since i have been alble to drive and i just want this over with
See if Nevada will give you a license. If so, then great, you got lucky. If not, you'll know what to do.
For Wende, if the 1650 is granted, then you don't have to do the alcohol class as long as you don't return to CA for 3 years. To find out whether the 1650 went through you can either call the CA DMV or try to get your CO license. If CO gives you a license, you'll know the 1650 went through.
Regarding a comment from above. If I have an out of state license, and my suspension has expired, but I've not taken the required 3 month class. Can I still drive in CA with my out of state license. Or, do I have to wait the full 3 years?
Dana S. says:
15 months ago
Thanks for the info regarding the 1650 waiver, now I can make a more infored decision