Out of State license with DUI in California

Out of State license with DUI in California

Question:   I have an out of state license with a DUI in California.  I was convicted of a DUI in San Fernando, CA a year ago but never completed the alcohol class. Can I get a license in another state if I just pay off the DUI alcohol program, but don’t physically complete it? Or can I finish the DUI in Michigan where I currently live?  Clearly it is not convenient for me to do the alcohol program in California since I no longer live there.  They can’t expect me to do that.
Answer: First, if you were convicted of a DUI and completing the program was a term of your probation which you failed to timely complete, you need to make sure there is not a warrant issued, or any other issues with your license (other than failing to complete the program).  Based on your post, I think there is possibly a warrant issued at this time for you for non-compliance with the alcohol program.  If that is your situation you or your attorney will need to go to court to recall and quash the bench warrant.  That is the first step.
It is possible that the Court could penalize you further for non-compliance with probation for not completing the alcohol course timely.  This is something that hopefully your attorney can help you avoid.  I have been successful in situations like this avoiding additional penalties for clients in this similar situation.
To address your question, most states will not issue you a license if they see there is a suspension or hold on a license in another state. If someone gets a DUI in CA, but lives out of state, often times the Court will allow that person to complete the alcohol course in the state they live in. That person can then fill out a 1650 waiver form that can be acquired through the DMV.
This process can often be confusing.
Sincerely,
Phil Hache
DUI & Criminal Defense Lawyer