How to Clear up the Suspension on your Out of State Driver’s License due to a California DUI

Mar 13, 2024

Conviction or Administrative Action
A question we often get is how a non-California driver can clear up the California suspension due to a
DUI conviction or DMV administrative ruling. This can cause a real problem, if the home state gets
notice of California’s suspension and follows suit by suspending your license in the other state. Most
states are part of the interstate compact and will do just that by giving “full faith and credit” to the
suspension from California.

After an administrative suspension or suspension due to a conviction for 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. The problem is that even if the suspension time has
concluded in California, the suspension will remain in effect unless certain actions are taken. 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
may not be able to attend a licensed California DUI program in the State of California.

Fortunately, DMV has made the process easier for out of state drivers to clear up the California
suspension because of a California DUI conviction. The form is now provided online, thankfully. You can
reach the link here: https://www.dmv.ca.gov/portal/uploads/2020/06/Application-of-Termination-of-
Action-DL-4006.pdf However, please be aware that by sending in the DL 4006 form to DMV, you will
cancel any California driver’s license that you currently possess.

In addition, the 4006 form is only applicable once the suspension from California has run its course. This
includes any DMV administrative suspension as well. In addition, if the court ordered a period where
you must have an ignition interlock device, that period has to run as well. You also must take care of
any outstanding DMV fees.

Here are the steps you must take if you have an out of state license and the suspension for the DUI
conviction or administrative action has concluded. You must fill out the DL-4006 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. You then mail the completed form to the
address listed for the Mandatory Actions Unit.

In addition, 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 DL 4006 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.
DMV also provides more information on this process on their website at the following link.
 



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Michael Mitchell

Michael Mitchell is a Fresno attorney who practices in the areas of DUI, personal injury & criminal law. Visit his Google+ profile.


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Michael E. Mitchell, at the Mitchell Law Group, Inc., is one of the top DUI defense attorneys in Fresno, California. He has over a decade of experience handling DUI cases throughout the Central Valley, including in Clovis, Madera, Tulare, Visalia. He is a certified field sobriety instructor and practitioner under the standards of the National Highway Traffic Safety Administration (NHTSA) and is a member of the California DUI Lawyers Association. His advice and knowledge is, routinely, sought after by other attorneys practicing in the area of DUI defense. He is an expert in the area of DUI defense in both Federal, State, and on the Appellate level. If you're looking for the best DUI Lawyer in Fresno to handle your case, give us a call today to see how we can put our knowledge to work for you.