DUI in the State of Washington with a California License. My license was just suspended can the DMV do that.

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I immediately, inquired to the DMV and was told that my license was suspended because I did not take a mandatory 3-month alcohol awareness class in the State of California in 2001. DMV explained that their system had finally caught up some 10-years after the fact that I did not take their required Alcohol class and therefore suspended my license. I explained that I never received any notification when I applied for my California Drivers License in 2004 that any alcohol treatment / class was required before I could obtain a California License. Clearly the State of California must have received my records from the State of Washington for a DUI in 2001 some 3-yrears earlier. I had the State of Washington submit by FAX to California DMV a notice that I had a clean record in Washington and was eligible for a Drivers License. According to my discussions with DMV my case has been turned over to a special unit within DMV and I was advised it may take months before any decision will be rendered It would seem to me that the injured parties by my DUI conviction are the People of the State of Washington and the State of Washington. Hence, the prescribed penalty handed out by the injured party has been has been satisfied in total from jail time to fines, court costs an most importantly an alcohol evaluation performed by a licensed professional and a period of probation. It would further seem that clearly my current clean driving record both within Washington and California for 9.5 years stands witness to the fact that I do not have an alcohol problem. Certainly this 9.5 years plus a clean alcohol evaluation at the time in 2001 should stand as equivalent to a series of classes to help prevent problems with alcohol. Hence, to now impose a penalty that I loose my driving privileges for 90-days or longer while I attend alcohol awareness classes is completely unfair and would impose a double jeopardy sentence of license suspension. That being 90-days suspension in Washington and now 90-days or longer suspension in California. Had the California DMV notified me at the time in 2004 when I applied for a License that I would have to satisfy a 3-month alcohol awareness class program I could have done so and continued to drive on my Washington License until such program was completed with no further loss of driving privileges.

Attorney Answers

3
John Kaman ·
You have some interesting but irrelevant logic. The rule is that for an out of state DUI if you want a CA license you complete the 3 month course. DMV is not going to bend that rule for you.
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David Jolly ·
You are in a difficult position. If the DUI was out of Washington State and the suspension also out of Washington State, you must reinstate your privilege to drive in Washington State first. In order to do so you must obtain an alcohol evaluation and do the required class, in Washington State. Unfortunately there is no way around this unless you can convince Washington State DOL to reconsider (good luck). Be persistent with the Washington State DOL and have them review your treatment that was doen out of State. But be warned, the evaluation and follow up must be in Washington State before the DOL will allow you to reinstate your privilege to drive (and therefore allow you to drive in California). DISCLAIMER: This answer is provided for general educational purposes only. By using or participating in this site you agree and understand that there is no attorney client relationship between you and the attorney responding, and no attorney-client confidentiality. The law changes frequently, and varies from jurisdiction to jurisdiction. The information provided in this answer is general in nature and may not apply to the factual circumstances described in your question. The applicable law and the appropriate answer may be different in the State or States where the relevant facts occurred. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes.
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Hussein Chahine ·
One of the requirement to reinstate your license with the DMV is proof of enrollment and completion of an alcohol class. Unfortunately, in order to get your license back, you must complete the program. Good luck.
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