What's a 1650 Waiver?

What is a 1650 Waiver? And why you may need one

One of the most confusing issues that comes up in the area of DUI law is the issue of the 1650 waiver.

Why California has to make the DMV administrative process and the court process so complicated on this issue, I don’t know, but they do.

After a conviction for a DUI, if you have an out-of-state Drivers License, your license in your home state could be suspended indefinitely if you do not take action to clear up the suspension in California.  If you were living in California, that would mean attending a DUI program, obtaining the special SR22 insurance, discussed below, and paying the license reinstatement fee. However, because you are out of state, you can’t attend a licensed California DUI program, which is only done in person and in the State of California.

So here are the steps you must take if you have an out-of-state license and a conviction for a DUI.  You must contact the mandatory action unit or center in Sacramento. Their direct number is (916) 657-6525  They will provide you with a form called a 1650 waiver.  You must fill out the form and show proof that you are living out of state (utility bill, trash bill, etc.). They also require you to have the SR22 (a special insurance for those convicted or administratively convicted of a DUI).   You must maintain this SR22 insurance for 3 years.  There are many companies that will provide this insurance for a very low rate.  Don’t be duped into paying an arm and a leg for it.

 When you fill out the 1650 waiver you are required to agree not to drive in California for a period of three years.  Just FYI, if you ever return to California and want a California drivers license, you will be required to do the course that you didn’t do originally. Also, on a side note, your attorney should request from the judge that you be required to do whatever course is directed by DMV.  This way, you can avoid doing a course if you are applying for the 1650 waiver as DMV is not requiring you to do a course by completing the waiver. Lastly, if you are out of state and the judge did require you to do a course, you may be able to complete an online course to satisfy the court requirements.  Just be aware that these online courses, will not satisfy California’s requirement of an instate course, should you return to California.