How do I get my husband's DUI classes transferred to another state? 13 Answers as of June 19, 2013

I was stationed in California with the Army, but my legal residence is still Florida. My husband got a DUI while we were here and has been attending 18-months rehabilitation program, the first year consisting of weekly classes and the last six months only monthly. Next month will be the one year mark for him. My schooling has since finished and we are planning to move back to Florida. However, my husband says we have to wait until the classes are over. When I try to research, the only information available is for people moving within the state. Can the court really compel us to stay here even though our legal residence is in Florida? And how do we go about getting him switched to an equivalent program in Florida?

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Nelson & Lawless
Nelson & Lawless | Terry Nelson
With difficulty. Every state controls its own programs, and you have no right to transfer. He can try to get documents from Florida saying they will accept him into their program for completion, and clearly providing the details of their program so that CA courts can determine if the out of state program is acceptable to CA. If you can get the documents, you can then file a Motion in CA court requesting an order to change.
Answer Applies to: California
Replied: 3/12/2012
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
There are no out of state programs that qualify per se. You can ask the sentencing court to modify its order allowing a comparable program to be completed in another state but then you would need to notify the DMV via a special form they use that your husband has moved from California so his driving privilege is not suspended which would trigger a suspension in most other states.
Answer Applies to: California
Replied: 2/24/2012
Law Office of Thomas F. Mueller
Law Office of Thomas F. Mueller | Thomas Mueller
Nothing compels you to stay, the problem is what will happen to his privilege to drive if he leaves. There is no directly applicable law in Cal. therefore the best plan is to check with the state you are moving to and see what they will require for him to get licensed there.
Answer Applies to: California
Replied: 2/21/2012
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
If you are moving out or state or if you live in a state other than the one you received a DUI in you may do your classes and other requirement in the state you are living in. However, you must go back to the court that sentenced you to make this possible. Before you go back to court you should research the schools and come up with one that will be acceptable with the California court.
Answer Applies to: California
Replied: 2/21/2012
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
You can't. California DMV will only accept a California program. So if you husband does not complete the California program, his license will be in perpetual suspension, which will affect his ability to get a driver's license in another state.
Answer Applies to: California
Replied: 2/21/2012
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    No. Go to court. Get them to authorize out of state equivalent class.
    Answer Applies to: California
    Replied: 2/20/2012
    Law Office of Jared C. Winter
    Law Office of Jared C. Winter | Jared C. Winter
    The best way to do this is to do some research on DUI programs in Florida. Once you find one that seems to be the equivalent of what your husband is currently doing, contact that program and explain your situation. If they indicate that they will accept his enrollment, then you need to get your husband's case on calendar in the court he was convicted in. Some courts will allow this to be done informally. Others will require the filing of a written motion to modify probation (PC 1203.3). At the hearing, you'll need to explain to the judge what you are trying to do. I have never seen a judge deny a request like this as long as you are able to provide the judge with information about the Florida program and it appears to be on the up and up.
    Answer Applies to: California
    Replied: 2/20/2012
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    Check with a FL lawyer to see if there is an equivalent program. If there is, your lawyer or Public Defender can go back into court and get his classes moved there. The one problem is that with 18 months of classes this sounds like a second or third DUI and, if that is correct, there may well not be a comparable program. I just re-read your question. If he only has 6 months to go and only need to attend one time each month your lawyer in CA may well be able to get the court to 1). just dismiss the rest of the punishment/maybe pay a fine instead or 2)?Assuming FL has weekly classes for different periods of time your CA lawyer might be able to get him a weekly program for 6 weeks (if that exists in FL). First step is to contact a FL lawyer and see what is available. Also, will JAG help with advice?since you are in the service
    Answer Applies to: California
    Replied: 2/20/2012
    Hammerschmidt Broughton Law
    Hammerschmidt Broughton Law | Mark A. Broughton
    Two suggestions: contact the probation department in the County in which you are going to move in Florida. Explain the situation to them and I suspect they will give you the contacts and answers you are seeking. Secondly, and perhaps first, contact the probation department where you now reside - or the program your husband is currently taking - and discuss it with them. I'd say contact DMV but I don't think that would get you anywhere. My experience with these inter-state transfers and Florida have been challenging. Florida wants things done its own way. Your husband may have to start over with the program, and may have to comply with Florida's license suspension/restriction laws though they may be different from California's. This is especially true on a second or third DUI, which I presume is your husband's situation since he's doing an 18 month program. But he can succeed and put this all behind him.
    Answer Applies to: California
    Replied: 2/20/2012
    Law Office of Michael Bialys THE DUI MAN
    Law Office of Michael Bialys THE DUI MAN | Michael Bialys
    An attorney can go into court for him and get his terms changed.
    Answer Applies to: California
    Replied: 6/19/2013
    Law Office of Daniel K Martin
    Law Office of Daniel K Martin | Daniel K Martin
    Your situation is not unique but there it is much less common than most people who want to move while they are attending a DUI repeat offender program. The law requires that your husband attend a program that is approved by the state. Your probably not going to find a program in Florida. The reason that your situation presents special issues is because there are special laws that affect members of the military. If your husband has completed his service in the military then you will probably have to wait until he has completed the course. I recommend that you contact a criminal defense lawyer to discuss your case.
    Answer Applies to: California
    Replied: 2/20/2012
    San Diego DUI Law Center
    San Diego DUI Law Center | Rick Mueller
    Your attorney can go to court and request the program be permitted to be completed out-of-state but DMV will not honor that program and the program will not give credit (refund from CA or credit toward out-of-state program in new state regardless of how much of program completed). The DMV problem could hurt out-of-state so you may wish to contact an attorney directly in the new state.
    Answer Applies to: California
    Replied: 2/20/2012
    Attorney at Law | Dorinda Ohnstad
    There is mor than one issue involved here. One is the terms and conditions of probation (conditional release/informal probation I'm presuming) which includes the completion of the program. As to the terms and conditions of probation he can request to be placed back on calendar and explain to the court the situation and ask for a change in the terms of his release. Otherwise if he moves and fails to complete the 18 month program he is in violation of his release and could be found in violation and could be sentenced on the DUI (up to one year in the county jail). The second issue is completing what he has to to get his license reinstated.? To determine what that might entail he would need to look at what Florida would require him to do post DUI to get his license back. If, for example, they also require an 18 month school they may not recognize the class already started in California and he would have to start all over again. However, if that is what he desires to do, you could get the California court to perhaps order the completion of the Florida course. I have had experience getting a court to initially impose an out of state program (where client was slated to move to another state) in lieu of the California program. My client has to submit verification of completion to the California court as part of his terms and conditions.
    Answer Applies to: California
    Replied: 2/20/2012
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