Out-of-State DUI? Here’s How It Can Affect Your California License

At Criminal Defense Heroes, P.C., we know that mistakes don’t always happen close to home. If you’re a California driver who was arrested or convicted of DUI while out of state, you’re probably wondering:

“Will this affect my California license?”
In most cases, yes—it can. But the answer depends on a few important legal details.

Let’s break down what you need to know—and how we can help you protect your driving privileges.

1. California Can Suspend Your License for an Out-of-State DUI

Under California Vehicle Code §23626, the DMV has the authority to suspend your license if:

You’re convicted of a DUI or DWI in another state, and
That offense is legally equivalent to a California DUI under VC §23152 or §23153.

In plain English? If the DUI you got elsewhere would also count as a DUI here, California can suspend your license—even though the conviction happened out of state.

2. What Does “Driving” Mean? Not All States Agree

Here’s where it gets tricky. The most common issue in these cases is how different states define “driving.”

In California, “driving” requires actual movement of the vehicle. The prosecutor must prove that:

You were in control of the vehicle,
The vehicle moved (even slightly), and
You were impaired or had a BAC of 0.08% or more.

Other states use broader definitions. For example, some treat “operation” or simply being behind the wheel with the engine running as enough for a DUI.

If your conviction was based on a broader definition, it may not meet California’s legal standard—meaning the DMV might not be allowed to suspend your license.

This is a technical but powerful defense point. Our team routinely evaluates out-of-state convictions for this exact issue.

**3. What Happens If California Does Recognize the Out-of-State DUI?**

If your out-of-state DUI conviction is considered legally equivalent to a California DUI, here’s what you might face:

❌ Suspension & Program Requirements

DUI with chemical test refusal:
Up to 9-month alcohol program (e.g., AB1353), plus license suspension.
DUI without refusal:
- 6–10 month suspension, or
- 30-day hard suspension + 11-month restricted license (work/class only), or
- 6-month IID requirement (no other restrictions).

✅ To Reinstate Your License, You’ll Need:

Proof of enrollment in a California-approved DUI class (AB541 or longer),
SR-22 insurance filing,
Payment of DMV reissue fees.

4. Advice for Out-of-State Attorneys Representing CA Drivers

If you’re an attorney handling a DUI in another state for someone with a California license, keep these tips in mind during plea negotiations:

Avoid any mention of “driving” in the plea record if possible.
Don’t let the BAC result hit the record if it’s 0.20% or higher.
Avoid any admission or finding of chemical test refusal.
Warn the client that California DMV may take independent action.
Lift the sister-state suspension ASAP—California won’t reinstate until it sees that the out-of-state action is cleared.

5. Moved Out of California? Watch Out for DMV Holds

This is one of the most frustrating issues we see at Don Hammond Law:

You got a DUI in California… then moved out of state and completed an online or local DUI program. You satisfied your court, but you still can’t get a license anywhere.

Here’s why: California DMV will not lift its suspension until you complete an in-person DUI program licensed in California.

Even if:

The court accepted your out-of-state or online class, and
You’ve finished probation and paid all fines.

Court rules and DMV rules are completely separate—and the DMV is stricter.

6. Option to Lift the Hold: “Termination of Action” (a.k.a. 1650 Waiver)

If you now live outside California, you may be eligible for a “Termination of Action” under VC §13353.5. This process allows the DMV to clear its hold so you can get licensed in your new home state.

Here’s how it works:

✅ To Qualify, You Must:

Be a current resident of another state,
Have completed all suspension periods,
Have no active IID orders or court restrictions,
File proof of SR-22 insurance, and
Pay all applicable fees.

Then, contact the DMV’s Mandatory Actions Unit at (916) 657-6525 and request the DL 4006 form (formerly the “1650 Waiver Packet”).

⚠️ Note: The DMV will only mail the form to an out-of-state address, and you’ll need to prove residency (like a utility bill or lease).

🔗 DMV Website: Termination of Action Info

Once approved, California removes its hold, and your new state can issue you a license.

7. What If There Was No Court Conviction—Just a DMV Suspension?

If your DUI didn’t result in a court conviction (e.g., you lost the DMV hearing or refused a test), you may not need the 1650 waiver.

But you’ll still need to:

Serve the administrative suspension period (up to 3 years),
File an SR-22, and
Pay the DMV’s reissue fee to regain your license.

You Don’t Have to Navigate This Alone

At Don Hammond Law, we’ve helped hundreds of drivers untangle the complex web of multi-state DUI consequences, DMV actions, and court requirements.

Whether you’re:

A California driver facing an out-of-state DUI,
A resident who’s moved but still can’t get licensed, or
An attorney representing a California client elsewhere,

—we’re here to help.

📞 Call us at (323) 529-3660 to schedule a consultation.