Transfer Alcohol program out of California

 Transfer Alcohol program out of California

Question: Can I transfer my DUI classes to another state if I move out of California?  I have already been to court and was convicted for my first DUI. I am now getting ready to start my DUI classes in California.  But in a month or two I will be moving out of state and I was wondering if I can transfer my DUI classes to another state if I already started the alcohol program in California?

Would this pose any problems with the Court, or will the court not care as long as I finish the alcohol program somewhere?  Can’t see why they would care what state I did the class in.

Answer:  The court can approve an out of state program, but it has to be done through the Court.  The Court will require that you complete an equivalent class to what the Court ordered you to do.  That can create some problems as some other states may have different requirements for their first offender DUI program that may be less hours.  I have seen that situation come up, but was able to work out a creative agreement with the court.

Also, if you start one program, then try to transfer to another program in another state, you will likely have to pay the alcohol program fees again, and start from the beginning once you begin the new program in the new state.

Keep in mind that if the court does approve the out of state program, the California DMV will not, and you would not be able to get your full California driver license reinstated unless you complete an approved program in California.  Also, you will not be able to drive in the state of California until that is cleared up.  Well, you could drive, but you would likely have an issue if you were pulled over…  There is an exception if you live out of state for 3 years and complete a 1650 waiver.

If you end up going the 1650 waiver route, that is an application that you get through the DMV.  In my experience dealing with it, the DMV will only send it directly to the licensee.  I believe the reason is to confirm that they are living out of state.  For example, if the licensee calls and has the application mailed to a Los Angeles address, the DMV may be less likely to believe that the licensee actually lives outside of California.

I would recommend that you speak to your Attorney (or another attorney) about what the best course of action would be for you at this time, to save you money, time and frustration down the road.


Phil Hache
DUI and DMV Attorney