January 12

DUI and Moving Out of California. [Avoid these 3 Mistakes]

Court System, Courthouse, DMV and License, DUI, Post Conviction, Probation Violation

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DUI and moving out of California.

Many of my clients who live in California will get a DUI but will move to another state before the case is over, or they may resolve the case and agree to do classes but will move out of state before the classes are done with.

This result is an indefinite license suspension and a hold on their new state if they apply for a license outside California.

The consequences of driving under the influence charge if you live in California and have a California license is you must do an instate DUI program to completion.


A copy of an Arrest Warant from Orange County
Not appearing on your case will result in an arrest warrant for you

Without finishing the process, Sacramento will extend your suspension period and let other states know not to issue you a license. This exposes you to driving on a suspended license charge out of state. The way out of this is to call the DMV mandatory actions unit in Sacramento (Number at the bottom of DUI Lawyers Resource Page) and ask for a waiver packet for your DUI.


Applying for a CA DMV License Waiver.

If you live in California and get a DUI, then your driver’s license will be suspended unless you complete the class in person. You can pay your fines to the court; however, California DMV is part of the interstate compact and will hold on your driving privilege until you complete your in-person obligations to the alcohol program.


What happens if you get a DUI in California and move to another state.

When you move to another state, CA will have a hold on the license, and you will not be able to get a license if you did not complete your course.
You can complete a California DMV 1650 Waiver to Complete DUI School Out-of-State. If this is done, then you still have to serve out the rest of your suspension. But once you do that, then you do not have to finish your class in the state. This is only good once in a lifetime.

After calling California DMV, they will mail you forms as part of the reinstatement process. In these forms, you will need to prove that you are no longer a resident of California. This involves proof of residency with details such as the new address. Such things can include a utility bill with details for a time period.

You will return this application packet with the requested official document to California DMV. You still will need to serve out your suspension; however, you will be free of in-person classes after that. This waiver is good only once per lifetime. It would be best if you only considered this if your circumstances dictate it.

It would be best if you still got the judge on board as well. As part of your probation requirements, you were required to do in-person classes. An alcohol offense in California will involve education classes (wet reckless) or DUI classes depending on your blood alcohol concentration. You are required to complete these classes to the satisfaction of probation.
The challenge will be in making it to the courts to ask for permission to complete your program in satisfaction outside of the state.

Transfering DUI Classes to Another State

The right way is to modify your probation terms with the court.This is a fancy way to say you need to get the court’s permission. You need to be proactive and ask for permission from the judge before you move away. Without doing so, you risk opening yourself up to more criminal charges.

Handling the Probation Violation

If you have already left the state without asking for permission and were terminated from the program, then the alcohol education class would have sent a notice to the court. The court will find you in violation of your terms of probation because you had too many absences. This subjects you to additional penalties such as having a warrant of arrest, criminal record, community service, and jail time.

A probation violation will be started, and you must will to handle the appearances. You can either do it yourself or hire a defense lawyer. If this is a first-time probation violation, then chances are it will be a slap on this wrist.

Recalling the Warrant and Getting the Judge on Board

However, given that you are out of state, you would want to avoid any run-in with the police. Anything can happen at the airport, or a traffic violation can occur. If this is the case, then you will be taken in on the warrant of arrest.

If you have access to funds, you should take steps to hire a professional to handle your license suspension and get permission from the court to fix your alcohol program. This would bring you the best chances of success and possible outcome on your case.


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