I'm required to complete a second offender DUI class to get my driver's license back. Can I get a restricted license now?

Asked about 5 years ago - Beverly Hills, CA

My offense was in 2004. I haven't taken the class yet because I was out of state and didn't need the license. I'm back in California now 5 years later and it is quite difficult to get employment with no transportation. I was told I had to complete a year of the class to get a restricted license. Is this true? If it is, are there any exceptions and what do I do? Thank you

Attorney answers (4)

  1. George Fredrick Mueller

    Contributor Level 14

    Answered . As usual, Mr. Bair is correct. Now if you cannot get a job in California and decide to move back out-of-state, perhaps you can apply for a termination of suspension. But I am not sure if it will work for you at this point of your situation.

    Apply for Termination of California DMV's Suspension Action based on Out of State Residency

    You have to contact Mandatory Unit and order the 1650 Waiver form from DMV at
    Tel. (916) 657-6576 or Fax (916) 657-5942.

    You also need to provide an SR-22 and affirm that you will not return to California for three years.
    That's the only way to avoid doing the alcohol program in California.

    What DMV says, absent having done a program in California, you in theory can't drive here
    for three years, and you must file the forms or you'll never be able to drive in California again,
    even on a valid out-of-state license.

    The1650 Waiver includes a DL-300 for purposes of an out-of-state SR22.
    The 1650 Waiver packet has explicit instructions on how to complete the affidavit and
    what supporting documents are required for approval by the DMV.

    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.

  2. Hudson Thomas Bair


    Contributor Level 14

    Answered . Unfortunately, you must complete the program before you can get a license. If you had applied for the out-of-state resident waiver when you were convicted you most likely would have avoided this outcome. Good luck.

  3. Paul Samuel Geller


    Contributor Level 12

    Answered . Yes, you must complete one year of the program, unless the out of state waiver noted below.

  4. Lynn Gorelick

    Contributor Level 9

    Answered . You will have to complete the program if you wish to be licensed in California. If you are just here temporarily. you may want to consider other alternatives. You can contact DMV Mandatory Action at (916) 657-6525 to get advice directly from DMV.

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