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I was convicted of 2nd dui,I'm required to have the interlock and 18months dui class. When do I file the 1650 form?

Hayward, CA |

I was convicted of 2nd dui, I'm required to have the interlock and 18months dui class. My question is am I eligible to use the 1650 form and when should I file the form? Do I have to wait for the suspension to end or can I file now? I do service work whichrequires me to travel and drive alot. At this point I can move to either Texas or Colorodo. After getting a licence I would like to come back and take the classes.

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Attorney answers 4


Do not do anything until the suspension period specified by California is over. Then if you
really want to clear the California DMV without "waiting and seeing" if anything is reported
in/by/to your home state, simply do the following:

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.

Hope this helps. Don't know if I am missing anything.


I agree with the previous answer. YOu may also want to call the Sacramento Mandatroy Actions Unit to see when you can file - their number is (916)675-6525.


Mr Muller's analysis of your situation is correct.


The supporting documentation that the California Department of Motor Vehicles will require is proof of residency. Things like current mortgage statements, lease agreement, utility bills, etc. with your name on them.