Q: Can I reduce the length of my DUI program - if I did a program an extended program in another state?
Over 10 years ago I had multiple DUIs in Missouri and some in California. Missouri wanted to incarcerate me, but California did not. Per recommendation of the Judge here in California, I returned to Missouri and was incarcerated. During that time I did a 14 month program - a SATOP. I've now heard about a 1650 waiver - but no one mentioned it then. I returned to California after my incarceration - and now I'm told I do not qualify for a 1650 waiver - because I'm not living in Missouri and that I need to take the 18 month California DUI program to get my license back. Is there any way to short my DUI program requirement. I have no further obligation to the court - but DMV is not helpful.
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A:
In California, the length of a DUI program is typically determined by the specific circumstances of the case and the individual's prior DUI history. The 1650 waiver you mentioned refers to California Vehicle Code Section 13352.5, which allows individuals who are convicted of a DUI in California but reside in another state to complete a DUI program in their state of residence, as long as it is comparable to the program required in California.
However, since you completed your program in Missouri over 10 years ago and have returned to California, the California DMV may not consider the 1650 waiver applicable in your case. The DMV likely requires you to complete the 18-month California DUI program because of your multiple DUI convictions and the time that has passed since you completed the Missouri program.
While it may be difficult to shorten the required DUI program, you can try the following:
1. Consult with a DUI attorney in California who specializes in DMV hearings and license reinstatement. They may be able to provide more personalized advice based on the specifics of your case and help you navigate the process.
2. Gather documentation related to your Missouri incarceration and the 14-month SATOP program you completed. Present this information to the California DMV and request that they consider it as a mitigating factor in determining your program requirements.
3. Attend the required 18-month California DUI program as directed by the DMV. Completing the program is likely the most straightforward path to license reinstatement, even if it is a lengthy process.
Unfortunately, given the complexity of your case and the fact that you have multiple DUIs in both Missouri and California, it may be challenging to significantly reduce the length of the required DUI program in California.
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