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Top Ten Questions > From Non-Residents

9. Must I complete DUI classes?

Self-EnrollIn a typical Mendocino County adult first offense DUI case with no allegation of refusal, injury or other aggravating circumstances, and no viable defenses, most California licensees are required to complete a DUI program consisting of weekly classes for three months, in order to comply with mandatory court probation orders (CVC 23538), and to lift the driving suspension that results at the end of a DUI case (CVC 13352.4, 13353.3). If you live in a different California county, usually a routine referral to a suitable program in your own county is available. Click on Ten Tips For Getting Your License Back on this site for a more detailed discussion about DUI classes.

But the best Mendocino County DUI lawyers know that if you live outside of California, you cannot enroll in, or complete the state-mandated DUI program of classes, because the only officially licensed and permissible DUI programs are located in California, not in your home state. Therefore, to avoid a violation of probation terms, good Ukiah DUI lawyers will often request a commonly allowed Mendocino County court resolution called "'self enrollment' in any DUI program required" in your home state.

This kind of creative wording should allow a non-resident to avoid violating probation for failure to timely enroll in and complete the California DUI program, but Mendocino County DUI lawyers understand that the California DMV imposes a separate and independent secondary DUI program class enrollment and completion requirement in order to lift the DMV's separate and independent driving suspension. Therefore the law includes a procedure for non-residents to lift that suspension which would otherwise remain in place until the DUI program classes were completed. A good Mendocino DUI lawyer will explain to you that once any mandatory DMV suspension period has concluded (usually six or ten months following a first DUI conviction or one year following a second DUI conviction), the driver may contact the California DMV in Sacramento and request a form, attesting to out-of-state residency, to be mailed to your non-California address. CVC 13353.5. Most recently, as of January, 2019, the California DMV provides a compete online explanation of this process, with Instructions for Termination of Action for Out-of-State Residents, including eligibility information and application requirements online, and specifically including the new online Form DL 4006: Application for Termination of Action, complete with instructions and mailing address to send it directly to the proper Sacramento DMV office so that non-residents are no longer required to try to get through on the phone to Sacramento DMV to make a live request for this form. Click here to see an old 2012 Sample Form Requesting Termination of Suspension.

Tom WilsonProper completion and mailing of this DL4006 form and satisfaction of related DMV requirements (in most cases, simply signing the form, enclosing adequate proof of residency, and enclosing a fee payment), typically results in the California DMV relieving the driver of the requirement to attend and complete the California DUI program and is designed to clear the California DMV record by lifting any related non-resident California suspension (see sample "Notice of Action" successfully terminating a suspension -- effectively forgiving the requirement to complete the DUI program) so that the driver may deal directly with a home state regarding any remaining requirements to full reinstatement of driving privileges. CVC 13353.5, 13 CCR 124.92-3.

If you are a non-resident, and the Mendocino County court is unwilling to allow self-enrollment, then your Ukiah DUI attorney may request that any DUI program requirement be satisfied with completion of an Internet DUI Program for non-California license holders. Although this type of program may only appease the court and does not satisfy the separate and independent California DMV program requirement, successful completion of the non-residency proof procedure above typically will satisfy the separate DMV requirement and accomplish the clearing of the California DMV record. There are other possible alternatives which your Mendocino DUI Attorney may discuss with you. Consult with a Mendocino County DUI lawyer about your specific case.

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Dave Jake Schwartz is an Honors Graduate from UC Hastings Law School, and UC Davis, former Federal Judicial Clerk, and Nationally Qualified Sobriety Tests Practitioner. Member of the California Bar for 30 years, North Bay resident for over 20 years, handles only DUI cases, including thousands of North Bay DUIs and DMV hearings: first/multiple offenders, minors, seniors, tourists, undocumented immigrants, veterans, probation violations, suspended license, public intoxication, open container, minor in possession, child endangerment, collisions, hit and run, evading, resisting arrest.

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Dave Jake Schwartz