If you are a resident of another state and are arrested for DUI while visiting California, or if you have a CA driver’s license and have moved to another state, it may be difficult for you to satisfy the DMV’s terms in order to remove the hold on your California driving privileges.

In general, the court will allow you to complete a comparable out-of-state alcohol program to satisfy the court’s required alcohol education course. This, however, will not satisfy the California DMV’s licensing requirement. Upon conviction of DUI, the Legislature has mandated that you complete an alcohol education program. While the court accepts the out of state program, DMV will only accept alcohol programs that were completed in the state of California. Therefore, the DMV hold will permanently remain on your CA driver’s license or your CA Index Number and your privilege to drive in California will be revoked until you complete an in-state alcohol program.

There is, however, an option to remove the hold. A 1650 Waiver Packet can be completed and, if granted, you can drive with an out-of-state license in California. In order to apply for the waiver you must provide proof that you reside outside of California. The waiver does not allow you to obtain a California driver’s license within three years of filing. Thus, if you move back to the state within three years, you must complete another approved alcohol program to get a California driver’s license.

By contacting the DMV’s Mandatory Actions Unit in Sacramento, you can request an application for the 1650 Waiver Packet. In it, you will need to prove that you live in another state with a current utility bill or an official document that evidences your place of residence. You will also have to provide proof of financial responsibility, either via a SR-22 or an out of state insurance policy which meets California’s minimum liability requirements.

A wet reckless is often known as a reduction to a DUI. It is a violation of Vehicle Code Section 23103 per 23103.5. The term is commonly known as driving recklessly with alcohol involved-“wet reckless.” A wet reckless is similar to a DUI in that it is prior-able, meaning if a person pleads guilty to a wet reckless and gets charged with a DUI within the next 10 years, it will be considered a second offense. Like a DUI, a wet reckless conviction will result in two points on your driving record.

While a wet reckless conviction is still serious, there are a number of benefits to pleading guilty to a wet reckless rather than a DUI. For a first offense, a wet reckless charge carries no mandatory alcohol class, there is no additional license suspension imposed by the DMV upon a wet reckless conviction. Furthermore, the new law imposed pursuant to Vehicle Code Section 23154 (a): Driving Under the Influence of Alcohol While on Probation for A Prior DUI, does not apply. Therefore, if a person is on probation for a wet reckless and caught driving with a measurable amount of alcohol, while the person will be violating his/her probation, he/she will not be subject to the additional penalties of Vehicle Code Section 23154 and will not face the additional one-year license suspension.

Depending on the circumstances of your case, a wet reckless plea may be able to be negotiated by a skilled competent DUI attorney. Wet reckless reductions are most likely in the case of a blood alcohol content of 0.10% or less. Contact the Parker Law Center today to determine if a wet reckless plea is optimal in your case.

Blood Tests: There are many defenses that can be utilized to challenge blood alcohol results. Blood tests are typically more accurate than breath tests; thus, they are usually challenged less often. First, when a laboratory tests the blood sample for blood alcohol content, it usually employs a method called headspace gas chromatograph. Headspace is considered the gas in the vial between the sample and the top of the vial. A sample of that gas is taken and placed into the gas chromatograph (GC). The GC tests the sample and determines the blood alcohol content. It is assumed there is a generalized ratio between alcohol content in the blood and alcohol content in the headspace. That ratio is utilized to determine the person’s blood alcohol content. Defendants have a right to a blood split in which the blood sample may be retested. When the blood sample is retested the toxicologist typically utilizes direct injection. Direct injection is when a toxicologist will take a sample of the blood and directly insert it into the chromatograph. It is important to contact a skilled DUI defense attorney to subpoena the laboratory’s testing practices, methods, and technician notes to aid in your defense.

Breath Tests: First, a skilled DUI attorney should subpoena all accuracy checks, maintenance and calibration records for the particular breath testing device. Second, depending on the results, the attorney may consult with a toxicologist to review any additional attack methods. Third, all breath testing devices have a margin of error plus or minus .01% meaning, a blood alcohol content of 0.08% could be as low as a .07% or as high as a 0.09%. Fourth, a breath testing instrument is unable to actually measure the alcohol content in the blood, rather it measures the alcohol content in breath particles and converts it to reflect a blood alcohol content. It is assumed that there is a 2100:1 ratio when converting breath alcohol to blood alcohol. Meaning the concentration of alcohol in a person’s blood is 2100 times the alcohol in a person’s breath. This is known as a partition ratio. The 2100:1 ratio is a generalization and would vary between individuals. Finally, there are a number of additional ways to challenge the results of a breath test. You should contact the Parker Law Center to explore your defense.

If you refused to submit to a chemical test there are several penalties that may be imposed. California has the implied consent law. A person who drives a motor vehicle in the State of California has consented to submit to a blood or breath test to determine his/her blood alcohol content pursuant to Vehicle Code Section 23612. Failure to submit to, or complete, a breath test will result in a fine, mandatory imprisonment if convicted of Vehicle Code Section 23152 or 23153, and a one year license suspension on a first offense. If it was a second offense within 10 years, the license will be revoked for a two year period.

The 5th Amendment requires Miranda Warnings to be administered only during custodial interrogation. In most DUI arrests, the peace officer questions the suspect prior to placing him/her under arrest. The statements provided by the suspect prior to arrest are considered voluntary and do not require the protections of the 5th Amendment. Miranda Warnings are required due to the coercive nature of custodial interrogations and are utilized to help level the playing field and remind suspects of their rights. If the peace officer did not question the suspect regarding the circumstances of the offense following arrest, then the officer is not required to read the suspect his/her Miranda rights. Only in instances of custodial interrogation without proper warnings and waivers, would statements made by a defendant be inadmissible in Court.

An arrest for driving under the influence automatically triggers a license suspension through the Department of Motor Vehicles 30 days after the date of your arrest. Therefore, you will remain to have full driving privileges for 30 days. If you do not request a hearing regarding the license suspension your license will be automatically suspended. If it is a first offense, the suspension will last for four months. After 30 days of no driving, you are eligible to receive a restricted license if you enroll in a first offender AB-541 alcohol program, file an SR-22, and pay a reissue fee to the DMV. The restricted license will allow you to drive to and from work, within the course of work, and to and from an alcohol program. If it is a second offense, your license will be suspended for one year with no eligibility for a restricted license. If you request an APS hearing, you will be afforded an opportunity to present evidence on your behalf, call witnesses and rebut the evidence introduced by the Driver Safety Office. After the hearing, the Hearing Officer takes all of the evidence and testimony under submission and renders a decision. The decision will either reinstate the license suspension or revocation, or set aside the license suspension or revocation.

If you have been arrested for driving under the influence it is imperative you contact a skilled DUI attorney promptly to evaluate your case. Many times, there is pertinent information needed to help assist in your defense and it is best to contact a qualified attorney while the events are still fresh in your mind. It is vital that you request your Administrative Per Se hearing through the local Driver Safety Office within 10 days of the date of your arrest. This will preserve your right to a hearing regarding the suspension of your driver’s license. If you contact the Parker Law Center, the legal team will request your hearing on your behalf, in addition to requesting all discovery related to your case and a stay on your license. The stay will allow you to continue to drive with full driving privileges up until the time that a decision is rendered on your APS hearing.