If you are a resident of a state other than California and hold an out-of-state license, but California DMV suspended your privilege to drive a motor vehicle in California after a DUI arrest, you can apply to California DMV to terminate the driving privilege or license suspension action AFTER California DMV’s suspension period has concluded.
If California DMV’s longest Order of Suspension states 2 years, San Diego DUI attorneys are told you must wait until the 2 years are over per the Order. If the California DMV Order states 4 to 6 months, California DUI lawyers are told the person must wait until that longest period is over.
Then follow the instructions below.
San Diego County DUI Law Center shows what steps to take, as follows:
Apply for Termination of California DMV’s Suspension Action based on Out of State Residency
You have to contact California DMV “Mandatory Unit” in Sacramento and order the DL 4005, 4006 and 4007 (formerly 1650) “Waiver” forms. While in your state or from a cell phone with an out-of-state area code, telephone California DMV at (916) 657-6576 or Fax (916) 657-5942.
Be patient in trying to contact California DMV. DMV Mandatory Actions Unit is notorious for not answering the phone – see e.g. this article.
You will probably need to provide an SR-22 and affirm that you will not return to California for three years. That’s also the only way to avoid doing the alcohol program in California as otherwise required by DMV.
As long as your DUI attorney gets advance permission from your San Diego Superior Court to do your alcohol program out-of-California, you may do so. However, that does not satisfy this separate California DMV requirement that you complete the program in California unless you get the necessary Waiver. Generally, it is better to do a San Diego Superior Court ordered DUI program in California to avoid having to wait for the DMV suspension period to conclude so you can terminate the suspension by applying for the Waiver.
What DMV says, absent having done a program in California, you in theory cannot drive in California for three years, and you must file the forms or you will never be able to drive in California again, even on a valid out-of-state license.
The Waiver includes a form for purposes of an out-of-state SR-22.
The Waiver packet has explicit instructions on how to complete the affidavit and what supporting documents are required for approval by the DMV.
It can take apx. 4-8 weeks from when the forms are received for DMV to process.
You have to request the waiver and the DMV must note the file so when the completed waiver is returned to the DMV it can be processed. There have been problems with the waiver being processed when it wasn’t noted on the record that a waiver was sent.
You supposedly can only apply for this waiver once in a lifetime, according to DMV.