Can I complete California DUI school/course out of state?

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As you already know, the DUI prosecution has both criminal and civil aspect. The court system and DMV decision often do not agree. If you would like to complete your required California DMV course in another state certain requirements need to be met.  

The following process applies to individuals who were foreign residents at the time of the DUI offense as well as those who were CA residents at the time of offense and who will be residing in another state at the time the suspension ends.

4437591024_419a42a40e_m_small-businessCriminal Process:

First, your case needs to be added to court calendar where it was originally heard. The Judge must approve any out of state classes to satisfy his probation requirements. ​Courts generally permit defendants to attend acceptable similar classes in the driver’s own state, but the DMV has ignored such decisions and requires attendance within California. Failure to comply means a continued status of suspended privilege in the State of California. Often, it also means a continued suspension in the home state or inability to obtain a license (assuming the states signed interstate compact). Good news, there is a vehicle code on point that suppose to get around DMV’s rules, see below:​

DMVCA DMV Requirements:

Most DUI schools do not credit any completed portions of their ​course to the other states. If you moved to a different state midway through the classes, call your school and the out of state school to check if they will credit the portion completed.  

Generally, California DMV will NOT recognize ANY out of state DUI classes and therefore will not reinstate his California license unless he completes the California DUI program. Vehicle code Sec. 13353.5(a)​, provides a way out of the rule:

13353.5.  (a) If a person whose driving privilege is suspended or revoked under Section 13352, former Section 13352.4, Section 13352.4, 13352.6, paragraph (1) of subdivision (g) of Section 23247, or paragraph (2) of subdivision (f) of Section 23575 is a resident of another state at the time the mandatory period of suspension or revocation expires, the department may terminate the suspension or revocation, upon written application of the person, for the purpose of allowing the person to apply for a license in his or her state of residence. The application shall include, but need not be limited to, evidence satisfactory to the department that the applicant now resides in another state.​

Note, this statute applies to individuals who were foreign residents at the time of the DUI offense as well as those who were CA residents at the time of offense and who will be residing in another state at the time the suspension ends.

​Satisfactory Evidence for DMV purposes:

Any affidavit of the driver stating that he/she is a resident of another state and unable to attend the required school within CA along with relevant facts. Include name, CA driver license number, and permanent residence address. It is probably advisable for the driver to use DMV forms, thus to be safe, fill out DMV Form DL 5S9. 

​Another way to get around DMV rule on CA DUI classes. ​

13353.5 ​​(b) If the person submits an application for a California driver’s license within three years after the date of the action to terminate suspension or revocation pursuant to subdivision (a), a license shall not be issued until evidence satisfactory to the department establishes that the person is qualified for reinstatement and no grounds exist including, but not limited to, one or more subsequent convictions for driving under the influence of alcohol or other drugs that would support a refusal to issue a license.

The department may waive the three-year requirement if the person provides the department with proof of financial responsibility, as defined in Section 16430, and proof satisfactory to the department of successful completion of a driving-under-the-influence program described in Section 13352, and the driving-under-the-influence program is of the length required under paragraphs (1) to (7), inclusive, of subdivision (a) of Section 13352.

 ​The DMV may allow you ​to waive your privilege to drive in California for 3 years to get around the requirement of completing the DUI program in California. The driver will be able to obtain a Driver License in CA (or any state) after 3 years because the hold on the license should be lifted. We understand that not having a driver license for 3 years is a hustle in itself. 

If you would like to transfer your DUI class to a different state, please call us at 619-357-6677. We will help you comply with the probation as well as DMV requirements. 

logoDelicino & Vialtsin, LLP answer general legal questions emailed to us on this blog. Feel free to send us YOUR question by email. Please do not email us confidential or time sensitive information, but call 619-357-6677 The answer suggested here is for general information ONLY and not to be construed as a legal advice. Further, the Q & A does not establish an attorney-client relationship with Delicino & Vialtsin, LLP.   Google+