DUI in CA, License in NV

[tijlover]

My Mexican roommate of 14 years, racked up 7 DUI's in CA back in the 70's/80's, times when things were more loose, moved here in the mid-90's, and had to wait 7 years to get a driver's license again.

He gets the driver's license, all goes well for 3-4 years, and then gets 2 DUI's in succession, and he's been riding his bike to work eversince! Don't know if he'll ever get a license again! Anyone know? His driving days are over? This time, no 7-year wait?

I'm surprised that NV wouldn't even issue a license over a unpaid parking ticket somewhere else!

[david1776]

Originally Posted by qingguy

I have a relative staying with me who I'm helping get his life on track. Got him working, he's saving some money, taking care of debts etc. We're his primary transportation and it's getting a bit old, also he would like to move into his own place but needs transportation, however he has a DUI in California that he has not taken care of.

Does anyone have any experience here? I'm looking at some documents he received from CA titled, "Terms and conditions of termination of action." I believe he wrote state of California to see if they would wave the outstanding requirements to be eligible for a license in California which would clear the way for him to get a license here. That said I cannot imagine the state of California is going to waive anything just because he moved.

If anyone has experience with a similar situation advice would be greatly appreciated.

This is an old thread but I have some experience with this as an out of state driver who got a California DUI so I thought I'd respond in case anyone else has a similar question.

Yes, the California DMV will, on a once in a lifetime basis, waive the requirement for a driver with a California DUI to complete a DUI class in California. I needed--as an out of state driver--to provide proof of non-California residence as well as proof that I am maintaining SR-22 insurance coverage in California. The form entitled "Terms and Conditions of Termination of Action" is, indeed, the correct form to file. Once approved, the national hold should be lifted and he should qualify for a NV license.

There may, however, be restrictions on his ability to drive in CA for 3 years. For example, I can only drive vehicles that I don't own in CA and wouldn't be able to get a CA license for 3 years. But I can maintain a non-CA license.

Bear in mind two caveats. One is that his legal residence must be outside CA. If he's staying with you more as a "long term guest" but doesn't have proof that his legal residence is in NV, that could be an issue.

Second is that all of this only addresses the DMV side of the issue. The court in CA no doubt imposed their own sentence--the court action and the DMV action are separate matters even though both arose from the same DUI. If there are things he didn't "take care of" regarding satisfying the court, the "termination of action" won't help him. There could at any time or already be an arrest warrant in CA issued against him. Resolving that would be a completely separate matter from the termination of (DMV) action.

[david1776]

Originally Posted by Raiderman

Agreed.

I'm not sure if I agree actually. The whole premise behind the "termination of action" is that someone lives out of state and is unable to return to CA to do their alcohol. I needed to apply for the "termination of action" by mail--it can't be done at a local CA DMV office.

[david1776]

Originally Posted by tijlover

He gets the driver's license, all goes well for 3-4 years, and then gets 2 DUI's in succession, and he's been riding his bike to work eversince! Don't know if he'll ever get a license again! Anyone know? His driving days are over? This time, no 7-year wait?

From a legal perspective I don't see why he couldn't drive again. As you say things were looser in the past, and the 7 DUI's from a long time ago won't be priorable in terms of the more recent DUI's--meaning that only 2 DUI's will "count". 2 DUI's are definitely serious legally but usually not enough to get someone banned for life.

However the bigger question is whether he should be driving. Someone with 9 DUI's is clearly not learning the lessons from either the mistakes of their youth or their more recent mistakes. I have 1 DUI which was a serious mistake in and of itself--but I can certainly assure you that since getting a DUI I have not driven after drinking--not once. Someone with 9 DUI's over a 40 year period has clearly made drinking and driving a life long habit--not just a one time serious mistake--and perhaps they should consider giving up the keys permanently even if the law doesn't require it.