How to Terminate California DMV DUI Suspension if Out-of-State Resident or Alcohol Program
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
Simply apply online here.
You have to contact California DMV “Mandatory Unit” in Sacramento and order the DL 4006 (formerly 1650) “Waiver” form.
While in your state or from a cell phone with an out-of-state area code, telephone California DMV at (916) 657-6525 or Fax (916) 657-5942 or (916) 657-7809.
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 you or your DUI attorney receive 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.
San Diego County DUI Law Center recommends getting a free quote by calling Alondra Ambrocio at (714) 809-9940 or emailing insuredbyalondra@gmail.com for a free quote and all insurance-related help.
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.
You may not be eligible for the above Waiver of having to do the California provider alcohol program:
If your BAC is .20% or more, you need to first complete the CA provider nine month program before you can terminate a CA suspension.
DMV will not allow you to do the above Waiver of CA program because of the nine month program requirement, even if you live out of California or move out of state.
Instead CA DMV will suspend your license indefinitely for failure to do the CA program.
Sure you could go to the court and get permission to do the program in a new state. But that does not satisfy DMV’s requirement that you only do a CA licensed program from this list
You will never be able to terminate the CA DMV suspension action as a result of failure to do the CA nine month program until you come back to CA to complete the program.
Because CA DMV will not accept an out of state nine month program, I strongly urge you to reconsider moving until AFTER you complete the required nine month program.
The below Termination information does not apply to the nine month program.
If your BAC was .20% or higher, the court is required to order the nine month program. That can not be changed.
So unless you want to go to a state with a permanently suspended CA license, you should stay or come to California and finish before you again leave California.
Any state you go to will likely have reciprocity meaning they will honor and reciprocate the CA suspension action as a result of failure to do the required nine month CA provider program. When you check with your state licensing agency they will likely tell you that you first need to clear the CA suspension before that state will allow you to drive in their state.
That means if you apply for another state license, they will likely see the CA suspension and refuse to issue a license in your new state until you clear the DMV suspension action. You can not clear or terminate the CA DMV suspension action until you do the CA provider nine month alcohol program.