Getting a DUI in California when you live somewhere else creates a set of problems that California residents do not have to deal with. Your home state is going to find out. Your home license is at risk. And clearing the California suspension requires a different process than the one California residents follow. This article walks through how the system works, what California will do, what your home state may do, and the specific steps to get everything cleared.
California Cannot Take Your Out-of-State License
When a California officer arrests you for DUI, they are required to confiscate a California driver’s license and issue you a DS-367 temporary license in exchange. If you have an out-of-state license, they cannot legally confiscate it. Your physical license stays in your wallet. However, that does not mean California has no power over you. What California suspends is your privilege to drive within California, not the physical card in your pocket. You may still have your license, but driving in California on it during a suspension period is still illegal.
Your Home State Is Going to Find Out
California is a member of the Interstate Driver License Compact, a multi-state agreement that requires member states to share information about traffic offenses, including DUIs, with one another. When California suspends your driving privilege or records a DUI conviction, that information is transmitted to a national database and shared with your home state if it is also a member of the Compact.
Most states are members. Notable exceptions include Georgia, Michigan, Wisconsin, Tennessee, and Massachusetts. Nevada withdrew from the Compact in 2007. If your home state is not a member, it may still receive information through other channels, including the National Driver Register, which is a separate federal database that tracks individuals whose licenses have been denied, revoked, suspended, or canceled.
When your home state receives notice of the California action, it will typically treat the offense as if it occurred in your state and may impose its own suspension or revocation on top of California’s. Some states are more aggressive about this than others, and some impose penalties that are harsher than California’s. Do not assume that what happens in California stays in California.
The Problem With California’s DUI Program Requirement
When a California resident is convicted of DUI, one of the reinstatement requirements is completing a California DMV-approved DUI education program in person, in California. For someone living in Arizona, New York, or anywhere else, attending a multi-month, in-person program in California is not practical.
California recognizes this and has a specific process for out-of-state residents to satisfy this requirement without physically attending a California program. That process involves two key documents: the 1650 Waiver and the DL-4006 form.
The 1650 Waiver
The 1650 Waiver is a once-in-a-lifetime waiver that allows an out-of-state resident to satisfy California’s DUI program requirement without attending an in-person California program. It is called a 1650 Waiver after the section of the California Vehicle Code that authorizes it.
To be eligible for the waiver, you must meet all of the following conditions:
- The suspension or revocation period imposed for your California DUI conviction has expired
- Any Administrative Per Se suspension has also expired
- You are not under a court order or DMV requirement to install an IID
- You are not currently a California resident
- You have satisfied all outstanding DMV fees
You cannot apply for the waiver while your suspension is still running. You have to wait it out first.
To start the process, call the California DMV’s Mandatory Actions Unit at (916) 657-6525. They will mail you the 1650 Waiver packet, which includes the Application for Termination of Action (Form DL-4006) and instructions. There is a small processing fee.
The DL-4006: Application for Termination of Action
The DL-4006 is the form at the center of the out-of-state reinstatement process. Filing it with the DMV requests that California terminate its action against your driving privilege so that your home state can clear its own hold on your license.
To complete and submit the DL-4006, you will need to:
- Certify under penalty of perjury that you are not a California resident
- Provide proof of out-of-state residency. Acceptable documents include utility bills, cellular phone bills, bank or financial institution records, voter registration documents, or documents from a licensing authority in your home state. The document must show your name and your out-of-state address matching the address on the application
- File proof of financial responsibility. For most people this means obtaining an SR-22 certificate from an insurance company licensed in California. If your insurer is not licensed in California, you will need to complete a Declaration Regarding Certificate of Insurance for Non-Resident Driver on DMV Form DL-300
- Mail the completed application to the California DMV Mandatory Actions Unit at: Department of Motor Vehicles, Mandatory Actions Unit, M/S J233, PO Box 942890, Sacramento, CA 94290-0001
Processing typically takes four to eight weeks. Once the DMV grants the termination of action, your California driving privilege suspension is lifted on the California side. That clears the way for your home state to lift its hold on your license.
One important warning: Filing the DL-4006 cancels any California driver’s license you currently hold. If you have a California license in addition to your home state license, submitting this form gives it up permanently. If you ever move back to California and want a California license, you will be required to complete the DUI education program you waived at that time.
What About the SR-22 Requirement?
Even though you are an out-of-state resident, California requires you to file an SR-22 as part of the termination of action process. The SR-22 must be from an insurance company licensed to do business in California. Many national insurers are licensed in California and can issue a non-owner SR-22 for this purpose even if you do not own a vehicle or have a California policy. You must maintain the SR-22 for three years.
If the SR-22 lapses at any point during the three-year requirement period, the insurance company will notify the California DMV, and the reinstatement of your California privilege will be revoked. This can trigger a new hold with your home state. Do not let it lapse.
What Happens at the Home State End
Once California terminates its action and lifts the suspension, your home state should receive updated information through the Interstate Driver License Compact or the National Driver Register. However, this does not always happen automatically or immediately. You may need to contact your home state DMV directly and provide documentation that California has lifted the suspension. Bring a copy of the California DMV’s termination letter and your SR-22 confirmation when you do.
Your home state will then apply its own rules about whether additional requirements must be met before reinstating your license. Some states require completion of a DUI program in the home state. Others require their own suspension period to run, or their own fees to be paid. Contact your home state DMV early in the process so you understand what they will need on their end in addition to what California requires.
What If You Have a Court-Ordered IID Requirement?
If the California criminal court ordered an IID as a condition of your probation or conviction, you must satisfy that requirement before you can apply for the termination of action. Out-of-state residents with an IID requirement face a genuine challenge because California’s IID requirement technically applies to any vehicle you drive in California, and most home states do not have a mechanism to satisfy a California court’s IID order.
In these situations, your California DUI attorney should seek a waiver of the IID requirement from the court on the basis of your out-of-state residency. Courts can grant these waivers, but they do not happen automatically. You need to ask, and having an attorney make the request in the right way increases the likelihood of getting it done.
The National Driver Register
The National Driver Register is a federal database maintained by the National Highway Traffic Safety Administration. It contains records of drivers whose licenses have been revoked, suspended, or denied in any state. When you apply for a license or renewal in any state, that state checks the NDR. If California has reported your suspension to the NDR and it has not been updated to reflect the termination of action, your home state may see the old record and decline to reinstate you.
If you have completed the California process and believe the NDR still shows a problem, contact the California DMV Mandatory Actions Unit to confirm that the record has been updated and request documentation you can bring to your home state DMV.
Conclusion
A California DUI follows you home. Your home state will likely find out through the Interstate Driver License Compact or the NDR, and it may impose its own penalties on top of California’s. Clearing the California side requires waiting out your suspension, filing the DL-4006 with proof of out-of-state residency and an SR-22, and obtaining the termination of action from the Mandatory Actions Unit. Once California lifts the action, take that documentation directly to your home state DMV and find out what they require on their end. The process takes patience and paperwork, but it is straightforward once you know the steps.
For questions about your specific situation, contact the California DMV Mandatory Actions Unit directly at (916) 657-6525 Monday through Friday, 8:00 a.m. to 5:00 p.m.
Citations
- California Vehicle Code § 15000 et seq. (Interstate Driver License Compact).
- California Vehicle Code § 13353.2 (APS suspension).
- California Vehicle Code § 13386 (SR-22 filing requirement).
- California DMV Form DL-4006 (Application for Termination of Action).
- California DMV Form DL-300 (Proof Requirements for Non-Residents).
- 49 U.S.C. § 30301 et seq. (National Driver Register).