Legal Question in DUI Law in California

If someone gets a dui in california and was a resident of california at the time, but were planning on moving to a different state, can they make the move anyway & apply for an out of state waiver to take their sb38 class in their new state of residence? This is for a second dui offense in 10 years. And can the jail time also be done in the new state of residence?


Asked on 10/31/09, 2:33 pm

1 Answer from Attorneys
Bruce Kapsack Kapsack and Bair - DUI Attorneys, Board Certified in DUI Defense

First, their is not necessarily jail time on a second offense DUI. A good lawyer can usually obtain community service instead of jail time, especially if the client lives out of state.

Second, the person can move and apply for a license in the new state, BUT California will require either the 18 month school in California or the client to obtain an out of state waiver form. This can be obtained through the Department of Motor Vehicles mandatory Action Unit.

Finally, the court may require a DUI school in the new state, but the length of that can be negotiated.

Sounds like the person should get a lawyer as soon as possible.

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Answered on 11/05/09, 2:51 pm


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