Legal Question in DUI Law in California

Unfortunately the law does not appear to provide for enrolling or completing a DUI program from outside California. But a two-track approach outlined above may help you.

Someone who moves out of state can request from DMV in Sacramento at 916-657-6525 relief from the requirement to complete the program in order to clear a California driving record so that the new home state can then issue a new driver license.

This approach does not satisfy any court order (typically part of a probation order at the time of sentencing) to complete a DUI program. In this case one generally must go back to court and modify the sentence to permit any number of alternatives including a complete waiver of the program, completion of a similar program in the new home state, completion of an on-line DUI program (such as Tom Wilson Counseling) or "self-enrollment in any program required by CA DMV" which would then be satisfied by the approach above.

The court and CA DMV requirements are independent; failure to address both may result in outstanding issues. This area is a hyper-technical bureaucratic jumble and may benefit from a lawyer's assistance. If you live in Sonoma County and you wish to hire a lawyer or browse more information about this and other DUI requirements, please feel free to visit my website at www.sonomacountyduilawyer.com.

Good luck,

Jake

Mr. Schwartz's answer is technically correct but omits a couple of points. FIRST, before California DMV will free up you license based on the out of state school waiver, you must serve thhe ENTIRE suspension period, which on a first offense is 6 months. Then, if the California DMV hase the waiver request, they will free your license in your home state.

OF COURSE IF YOU HAVE A CALIFORNIA LICENSE AND DO NOT REISTER IN THE NEW STATE, OR IF YOU TRY TO GET A CALIFORNIA LICENSE WITHIN 3 YEARS, CALIFORNIA DMV WILL REQUIRE YOU TO DO TE SCHOOL.

As for Court, the court can waive the school requirement, allow another state or the correspondance course.

The California legislature is working on rules to end this fiasco.

Bruce Kapsack

Board Certified in DUI Defense

Ask the judge by filing a motion to do so.