This is called Administrative Per Se APS and is independent of any court-imposed jail sentence, fine, or other criminal penalty you may receive when convicted for a DUI.
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Upon conviction for a DUI offense in California, the court may order you to complete an Alcohol and Drug Education and Counseling program provided by State-licensed service provider. Completion of this same program Is also required to be eligible to get your unrestricted license back. You may qualify to drive after a minimum 30 day suspension with a restricted license depending on the charges and county.
Enrollment in a licensed DUI program is required to qualify. For more information visit: www.
GOV and www. The length of the DUI Program you will be required to complete is will depend upon your blood alcohol content BAC at the time of arrests, as well as any record of prior DUI's within the past year period. 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 for a free case evaluation. Someone may have pled guilty to a DUI and for a variety of reasons moved out of state.
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 and move to another state, you must maintain the SR 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. 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 completing 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, 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. 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 waiver once in a lifetime as of March of If you come back to California within 3-years and want your license back, you will have to take the applicable California DUIP class. 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 Waiver form and DL from DMV at or Fax You will also need to provide an SR 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 Waiver Packet which if granted, allows an individual with an out of state license to drive in California. Should the waiver be granted, then it would not allow the person to obtain a California license within 3 years of filing the 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 , you are only eligible for the waiver one time only.
DUI laws in California - Wikipedia
This waiver will remove the California hold from your license or index number as long as you have an SR 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