1650 Waiver – How to Complete DUI School Out-of-State

A 1650 waiver is a request by a non-California resident, who was convicted of DUI in California, for the DMV to waive its DUI program requirement.

Note that without the waiver, your home state can refuse to issue a license to you until you complete the DMV’s DUI program. This means that you would have to travel back-and-forth to California until you finishes the DUI school.

If the waiver is given:

• you do not have to complete DUI school, and
• you cannot drive in California for three years after the waiver is granted.

Our California DUI attorneys will explain the following in this article:

• 1. What is a 1650 waiver?
• 2. What happens when a non-resident gets a California DUI?
• 3. What is the effect of a 1650 waiver?
• 4. How do I apply for the waiver?
• 5. What happens if I return to California?
• 6. What is a California DUI program?
• 7. What are some other penalties for a first-time DUI conviction in California?
• Additional Resources

1. What is a 1650 waiver?

A 1650 waiver is a request by a non-California resident, who was convicted of DUI in California, for the DMV to waive its DUI program requirement.

The DMV’s DUI program requirement says that you must enroll in an in-person California DUI school if convicted of a California DUI or “wet” driving offense such as:

• Vehicle Code 23152(a), driving under the influence,
• Vehicle Code 23152(b), driving with a BAC of .08% or higher,
• Vehicle Code 23140, underage DUI (BAC of .05% or higher), or
• Vehicle Code 23103.5, “wet reckless.”

A 1650 waiver relieves you of this requirement if you are a non-resident and get convicted of DUI in California. Note that this waiver can only be granted once in your lifetime.

2. What happens when a non-resident gets a California DUI?

If you are a non-California resident, several different things happen when you get convicted of a DUI in California. Some of these include:

1. Upon conviction, the court in California sends notice of the conviction to the California DMV, which then suspends your driving privileges in California.
2. The DMV sends notice of the California conviction to your home state.¹
3. Upon this notice, your home state treats the DUI as if it took place in your home state.
4. As such, it may impose its own penalties on you (which may be tougher than those imposed in California).
5. It will also likely take away your driving privileges until you complete all requirements for the California DUI conviction – including the DMV’s DUI program requirement.

It is typically burdensome to complete the DUI program when you are out-of-state and would have to travel back and forth to finish the school. California realized this burden, and therefore, created the 1650 waiver.

3. What is the effect of a 1650 waiver?

The overall effect of the 1650 waiver is that it removes the DUI school requirement. This means you do not have to enroll in the program or complete it.

As a result, you can get a license in the state in which you live.

4. How do I apply for the waiver?

To apply for a 1650 waiver, you must perform the following actions:

• contact the California Department of Motor Vehicle and ask that a 1650 waiver packet be sent to your address,
• complete the packet,
• prove that you live outside California by providing a utility bill from the utility company in your state, and
• pay the applicable application fee.

Please note that you cannot apply for the waiver until after the suspension period imposed by California ends. This could be as short as a few months.

Once a completed waiver packet is submitted to the California DMV, it is typically processed within four to eight weeks.

5. What happens if I return to California?

If you travel back to the state or decide to move to California after you are given a 1650 waiver, then you cannot legally drive in the state for three years after the date the waiver was given.

And, before you can get a valid California driver’s license, you must complete the DMV’s DUI program.

6. What is a California DUI program?

You must enroll in an in-person California DUI school if convicted of a California DUI or “wet” driving offense.

DUI education program providers must be licensed by the State of California. Licensed providers conduct only in-person programs.

DUI classes offered via the internet DO NOT meet California’s DUI Program requirements.²

The required length and likely cost of a DUI education program will depend on your specific DUI offense.

California DUI school includes both counseling and education. Most of the counseling will be in a group setting. But there will also be some one-on-one interviews.

The program provider will provide the court and the DMV with a certificate of completion when you successfully complete the program.

7. What are some other penalties for a first-time DUI conviction in California?

In addition to completion of a DUI school, other penalties for a first-time DUI conviction in California may include:

• 3 to 5 years of DUI probation,
• fines and penalty assessments totaling between $1,500 and $2,000 (depending on the county),
• a 6-month driver’s license suspension,
• installation of an ignition interlock device for six months,
• up to 6 months in county jail, and
• work release.

Additional Resources

For more information on DUI or help with alcoholism, refer to the following:

1. Alcoholics Anonymous – 12-step program for overcoming alcoholism.
2. Drunk Driving Overview – NHTSA page on drunk driving statistics and prevention.
3. Impaired Driving: Get the Facts – CDC fact sheet on impaired driving.
4. Driving Under the Influence (DUI) – California DMV page on driver license suspension for DUIs.
5. MADD – Non-profit organization devoted to stopping drunk driving.

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