Alcohol & Drugs: DUI, DWI Out of State DUI Question

[roboboy]

Hello Everyone,

This is a little bit tricky. Here's the scenario.

I live in New York and have a California drivers license. I received a DUI while on vacation in Nebraska. I am moving back to California in a couple months.

I hired a lawyer in Nebraska and won the revocation hearing, but eventually pleaded guilty. I was able to hold onto my California drivers license, but have been suspended for 6 months by the state of Nebraska and had to pay around $450, which I took care of right after being sentenced.

My suspension is ending at the end of this month. I am planning on going to California to look for an apartment a couple weeks after the suspension period is up and am hoping to find a car rental company who will rent me a car. When I move to California in a couple months I am going to buy a car.

So my questions are:

What will I need to do if anything after my suspension period ends at the end of the month considering that I was able to keep my California drivers license after my conviction? Keep in mind I live in New York and am moving to California and the DUI happened in Nebraska.

Will I need to get an SR-22 to rent a car? If so Which state should I apply for one in and where do I go to do so? Or can I just get liability coverage through the rental car company?

Will I need to do anything special to deal with the DUI after I move to California? I plan on buying a car and getting insurance right away.

 

[army judge]

You say you were a NY resident and citizen, yet you held a California DL?

If I were you, I wouldn't say that.

Leave NY out of this.

That won't help you in the end.

You were living in Nebraska (in possession of a legal California DL) with the intention of one day returning to your beloved California!

Did you also lose your NY driving privileges? Don't answer. You need to consider what you're saying. I know what you want to do.

The Nebraska conviction will eventually wind its way to the attention of authorities in the other 49 states.

You might want to consider obtaining a Nebraska DL after your suspension expires. Then you take that DL to California and get a California DL back.

Insurance authorities and state officials will soon know about this DUI conviction. They have ways of tracking these transactions today. Unless, you've been clever, very clever.

 

[roboboy]

I am a resident of New York, but have a California driver's license. I have not gotten a NY license because I don't drive here and my passport gets me by.

I got the DUI in Nebraska and my 6 months are almost up. I am moving to California in a couple months.

Should I get proof sent to me from the Nebraska DMV that the requirements of my suspension are up and then go apply for a NY drivers license before moving to California? Or should I go to the DMV in California when I move and show them proof that I have met the Nebraska requirements to have my license reinstated?

 

[army judge]

I am a resident of New York, but have a California driver's license. I have not gotten a NY license because I don't drive here and my passport gets me by.

I got the DUI in Nebraska and my 6 months are almost up. I am moving to California in a couple months.

Should I get proof sent to me from the Nebraska DMV that the requirements of my suspension are up and then go apply for a NY drivers license before moving to California? Or should I go to the DMV in California when I move and show them proof that I have met the Nebraska requirements to have my license reinstated?

I understand everything you've said.

The problem with what you're doing is that it is illegal.

A state can only issue a drivers license to citizens of that state. California issues a California DL to the citizens of that state. As does Nebraska, Idaho, Vermont, etc...

You may possess a California drivers license, no doubt. However, that's illegal. You deny CA residency. You continue to assert NY residency.

The supporting laws have been posted below.

Its very simple.

A state can only issue a drivers license to a resident of that state.

You claim NY residency.

Therefore, legally, you should possess a NY drivers license.

You might wish to inquire about the SR22 requirement from Nebraska drivers license authorities.

You might be disqualified from obtaining a California drivers license, because of the SR22.

I've posted the NEW California DUI laws below.

They are VERY tough on folks convicted of DUI!

2009 New DUI Laws-California​

California Assembly Bill 91
Requires ignition interlock device manufacturers to provide certain information to the Department of Motor Vehicles. Requires the department to establish a pilot program in the Counties of Alameda, Los Angeles, Sacramento and Tulare that requires, as a condition of being issued a restricted driver's license, a driver's license, or having the privilege to operate a motor vehicle reinstated, a person to install an ignition interlock device on all vehicles they own or operate and to participate in an alcohol and drug assessment program and pay a fee.

California - Assembly Bill 1165 - DUI Zero Tolerance Law For Repeat Offenders
Makes it unlawful for a person who is on probation for a violation of either of certain driving under-the-influence offenses to operate a motor vehicle at any time with a blood-alcohol concentration of 0.01% or greater, as measured by a preliminary alcohol screening test or other chemical test. Imposes additional sanctions on person found to violate this prohibition. Removes obsolete references in existing law related to license revocation for refusing or failing to complete a preliminary screening test.

California - Senate Bill 1190 - DUI Ignition Interlock Devices
Lowers the minimum blood alcohol percentage at the time of a DUI arrest that allows a court to require the person to install a certified ignition interlock device on any vehicle that the persons owns or operates and prohibits that person from operating a vehicle without such a device. Authorizes the Department of Motor Vehicles to undertake a study regarding the overall effectiveness of the use of such devices to reduce recidivism of first time DUI violators.

California - Senate Bill 1388 - DUI Ignition Interlock Devices (Effective July, 2009)
Requires a person to immediately install a certified ignition interlock device on all vehicles they own or operate for a certain period when they have been convicted of violating DUI provisions and driving a motor vehicle when their license has been suspended or revoked as a result of a DUI-related conviction. Provides the number of violations will determine the period of time the device will be required. Sets a scheme with which a person will be informed of the installment requirements and related fees.
http://dui.drivinglaws.org/california.php

Q14. What will happen if my insurance policy is cancelled because of a DUI violation?

A. If your insurance policy is cancelled for any reason, you need to get new insurance right away, since it is illegal to own or operate a vehicle without liability insurance in California. You may want to check with your own insurance company before going to another company; they may offer you a policy without a good driver discount.

Current law requires your insurance company to electronically report your insurance information to DMV. Once your insurance company notifies the department that your policy has been cancelled, you will receive a notice indicating that your vehicle registration will be suspended if new insurance information is not submitted within 45 days.

In addition to proof of insurance for registration, if you are required to maintain a California Insurance Proof Certificate (SR 22) for your driver license, you will need to have your new insurance company file a new SR 22 with DMV immediately to avoid the suspension of your driver license based on the cancellation of your insurance proof certificate.

If necessary, individuals unable to obtain insurance through their regular insurance company may have any agent or broker make an application to the California Automobile Assigned Risk Plan (CAARP). You may contact CAARP directly by calling 1-800-622-0954. http://www.dmv.ca.gov/pubs/dui/reportability.htm

California SR-22 Requirements​

In California, you may be required to obtain a California SR-22 insurance policy if you have been convicted of a DUI. If your insurance is cancelled because of a Drunk Driving conviction, your vehicle registration will be suspended if a new insurance policy is not issued within 45 days. One reason for an insurance cancellation in California is if your current policy falls under a "Good Driver Discount". Once you have been convicted of a Drunk Driving offense in California. you may no longer qualify for this reduced rate policy. http://dui.drivinglaws.org/california.php

You also have 30 days in which to obtain a Nebraska Driver's License. To obtain a Nebraska Driver's License, you will need to appear before Driver Licensing Staff at any Driver Licensing office, complete a data form, present your current driver's license or other acceptable Proof of Identification, and two forms of residential address verification. Upon approval and payment of the appropriate fee, your County Treasurer will issue to you a 30 day Temporary receipt with Driving Privileges. Your driver's license will be mailed to you within 5-7 business days.
http://www.dmv.ne.gov/dvr/welcome.html

NYS recognizes valid driver licenses held by residents of other US states, US territories and Federal districts and Canadian provinces. If you become a resident of NYS, you must apply for a NYS driver license not more than 30 days after you become a NYS resident.

You can exchange an out-of-state driver license or Canadian driver license for a NYS driver license if the driver license has your photograph, the driver license is not suspended or revoked and the driver license:

* has been valid for at least 6 months, or
* has expired in the past 12 months, or
* is a valid CDL and has been valid for any amount of time, and

The driver license that you exchange must show the date that your driver license was issued. The date is required to verify that the driver license was issued at least six months before you applied for a NYS driver license. If your out-of-state photo driver license does not show the date of issue, get a driver license record or letter from the state that issued the driver license that indicates the date of issue. The letter or driver abstract must have been issued by the other state within six months before you submit the letter or driver abstract to the NYSDMV. The letter or driver record must be an original and must be on the letterhead of the Department of Motor Vehicles of the other state. The letter or driver abstract cannot be a copy or a fax.

If your out-of-state driver license or Canadian driver license is suspended or revoked, you cannot apply for a NYS driver license. You must remove the suspension or revocation and bring to a NYS DMV office a valid driver license that meets the requirements listed above.
http://www.nydmv.state.ny.us/license.htm

How to apply for a driver license if you are over 18

If you are a visitor in California over 18 and have a valid driver license from your home state or country, you may drive in this state without getting a California driver license as long as your home state license remains valid.

If you become a California resident, you must get a California driver license within 10 days. Residency is established by voting in a California election, paying resident tuition, filing for a homeowner's property tax exemption, or any other privilege or benefit not ordinarily extended to nonresidents.

To apply for an original driver license if you are over 18, you will need to do the following:

* Visit a DMV office (make an Appointment(s) for faster service)
* Complete application form DL 44 (An original DL 44 form must be submitted. Copies will not be accepted.)
* Give a thumb print
* Have your picture taken
* Provide your social security number. It will be verified with the Social Security Administration while you are in the office.
* Verify your birth date and legal presence If your current name no longer matches the name on your birth data/legal presence document, see "True Full Name" and "How to Change Your Name" for more information.
* Provide your true full name
* Pay the application fee
* Pass a vision exam
* Pass a traffic laws and sign test. There are 36 questions on the test. You have three chances to pass.(Sample Test)
http://www.dmv.ca.gov/dl/dl_info.htm

 

[roboboy]

So once my suspension period is up, should I apply for a New York driver's license? And after moving to California, get my New York license exchanged for a California license? Once I meet Nebraska's requirements should I be ok getting a license in New York if I show that proof and will I be able to then exchange that license for a California one after I become a resident there?

Thanks for the reply's.

 

[army judge]

Please read what I posted above your latest question.

If California will allow it, you can use your VALID Nebraska DL to obtain a VALID California DL.

If you will continue to maintain NY residency, then you obtain a NY DL.

Be advised, that obtaining an SR22 won't be easy, as will obtaining a drivers license in NY or CA because of your DUI conviction.
In some states, what you BLEW will also further restrict your ability to drive, LEGALLY!

If you one day plan to one day LEAVE California, you might consider keeping your SOON TO BE valid Nebraska license (as long as you have a Nebraska address).

Even that could cause you legal difficulties.

By law, if you're residing in a state (this depends on the state in which you're living and working), you are supposed to register your car in that state, as well as obtain that state's drivers license.

The one universal exception is for ACTIVE DUTY military personnel and their dependents.

Does this apply to you?

 

[roboboy]

Like I said I do not have a Nebraska license. I have a California license. I am a resident of New York and received a dui in Nebraska, driving with my California license.

 

[army judge]

Like I said I do not have a Nebraska license. I have a California license. I am a resident of New York and received a dui in Nebraska, driving with my California license.

Because you're headed to CA, keep the CA DL.

You'll just need to change the address to your new digs.

CA DMV already knows about your DUI conviction, as well as any restrictions or extra requirements.

Your problem will be in obtaining SR-22 documentation in California.
CA does allow you to get into a state high, risk pool; if you can't find a private insurer.

If I faced your dilemma, I'd get my SR22 straight in Nebraska, if I could.

You'll later have to get another SR22 issued in California.

Renting a car, with a DUI conviction, might be impossible.

Some car rental agencies won't rent to people with DUI convictions.

Most run a check on your license, prior to consummating the rental transaction.

The average cost of an SR22 insurance policy is going to depend on the reason why your license was suspended or revoke for in the first place. If you are a driving under the influence offender who has to file an SR22 to get your license reinstated, the cost is going to depend on a number of factors including:

Was this a first, second, third, or more offense?
Was there an accident?
Did the accident result in injuries to any other person?

These are just a couple of examples of the items your insurance company is going to look at when quoting you a price on your SR22 insurance for a DUI offense. A standard first offense DUI offender should expect to pay between 3 and 5 times as much per month for their SR22 insurance as they were paying on their regular auto insurance rates. So if you were paying $50 a month for your car insurance before the DUI offense, you should expect to pay between $150 and $250 a month for the next 3-years following the reinstatement of your license following your suspension or revocation period.

If the department of motor vehicle is requiring you to file an SR22 with them for something like too many speeding tickets. Even though your offense of too many speeding tickets is not as severe as someone who has to file an SR22 because of a DUI offense, the required filing period is still going to be 3-years. So your relationship with your SR22 insurance is going to be for an extend period of time. Your SR22 insurance rates for something like too many speeding tickets will be lower than the rates for a DUI offense, but they will be at least 1 to 2 times or more than you are currently paying for your car insurance.

Steps you can take to be sure that you are paying the least amount possible per month for your SR22 insurance. The first thing you need to do is to not assume that your current insurance provider is going to have the lowest rates possible for your SR22. Just because you may have been with this insurance company for years and they have always treated you fairly does not mean that will be the case when it comes to quoting you on an SR22 insurance policy, if they even offer SR22 insurance filings because not every insurance company does.

What you need to do is spend a little time researching your state department of motor vehicle SR22 insurance requirements. Then get at least 3 to 5 quotes from the various insurance providers in your area that offer SR22 insurance filings.

Each state has its own laws regarding SR22 insurance filing requirements, so it's critical that you learn what must be done to file an SR22 in your state. For example, someone who is required to file SR22 insurance in Florida will have to follow a different set of rules then someone who is filing in Virginia.
http://www.sr-22.info/blog/page/3/

 

[army judge]

SR22 information

The SR-22 is a financial responsibility certificate that is filed with your state. It proves to the state that you have at least the minimum auto insurance coverages that the state is requiring you to maintain. As long as you have a valid license we know of no reason that having a SR22 filed with the state would affect your ability to rent a car when you go on vacation.

To make certain that the rental car agency does not have any policies that would prohibit you from renting a car due to having the SR22, or because the reason that the state required you to obtain this state filing such as a DUI, etc, contact the rental car company. Their representatives should be able to advise you whether you can still rent a car without any issues in your current situation. Many rental car agencies now have their limitations and restrictions on their websites, so you may start by looking there and then calling on the phone if you need to clarify any issues you may have due to your SR-22 situation.

For example Alamo Rent a Car notes that rental of a vehicle may be subject to a verification of your driving record. All renters/drivers are subject to having their driving records and licenses checked.

If a renter/driver does not meet the Alamo's applicable rental requirements, including the guidelines for driver's licenses and driving records, the driver may be denied a rental. A few of the reasons that this rental car company states that rental privileges can be denied is if a driver's license is suspended or his/her record includes, but is not limited to, one of the following:

* One or more convictions for reckless driving within the past 36 months.
* DWI/DWAI/DUI within the past 36 months.
* Three or more moving violations within the past 24 months.
* Two or more accidents within the past 24 months.
* Fail to report/leave scene of accident within past 36 months.
* Operate without a license within past 36 months.

There are other reasons in which this or other rental agencies can deny a rental. So if you have several minor violations or a major violation on your driving record that is what caused you to have to file a SR22 then you should definitely check with the rental car provider to make sure

http://www.carinsurance.com/kb/content33082.aspx

 

[roboboy]

I called progressive and can get instant sr22 coverage through them. My concern is that California might impose extra requirements on top of the ones Nebraska had me meet.

 

[army judge]

I called progressive and can get instant sr22 coverage through them. My concern is that California might impose extra requirements on top of the ones Nebraska had me meet.

That's exactly what I was trying to tell you.

Each state has its own rules.

If you have coverage before you move, you can usually keep it when you get to your new state.

It may be higher, but most companies won't kick you to the curb.

Ask Progressive about transferring coverage to California in the next 30 days.

In the meantime, I'd take whoever was willing to insure me.

It will eventually get harder to find an insurer.

 

[jabonmoce]

thats nice n good question