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Dave Jake Schwartz, Attorney at Law, PO Box 5604, Santa Rosa, CA 95402, 707-480-3383
Sonoma County DUI & DMV Phone Consultations Free from 5 a.m. to 5 p.m. Every Day

"Thank You Jake. You took the time to explain my options and the court's decision, so I could understand them. You're are an excellent lawyer. I got my charges reduced. I did not get my license suspended. I did not have to take a DUI class and you saved me a lot of money in fines. Thanks again Jake, you did a great job." -T.Y., Las Vegas

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TOP TEN QUESTIONS FROM
NON-CALIFORNIA LICENSEES

NOTE: MANY OF THE TOP QUESTIONS FROM RESIDENTS APPLY TO NON-CALIFORNIA LICENSEES TOO; AFTER REVIEWING THE INFO BELOW, CLICK THE STAR TO SEE THE TOP GENERAL QUESTIONS AFTER A SONOMA COUNTY DUI ARREST

1. Must I return to Sonoma County court?	6. Can I get a work license?
2. May an officer take my home state license?	7. What is a typical DUI sentence?
3. I live in California -- should I get a California license?	8. Must I return to Sonoma County for jail?
4. May I drive in my home state now?	9. Must I complete DUI classes?
5. May I drive in California now?	10. Will my home state license be affected?

1.    Must I return to Sonoma County court?

USUALLY NO. WHETHER YOU LIVE HERE OR NOT, CALIFORNIA LAW PROVIDES THAT A MISDEMEANOR DUI DEFENDANT MAY WAIVE HIS/HER PERSONAL APPEARANCE AND INSTEAD ARRANGE FOR AN ATTORNEY TO APPEAR ON YOUR BEHALF. IF YOU LIVE OUTSIDE SONOMA COUNTY (EITHER IN ANOTHER CALIFORNIA COUNTY OR IN ANOTHER STATE), THEN THIS IS ONE OF THE PRINCIPLE REASONS TO HIRE A PRIVATE SANTA ROSA LAWYER (PUBLIC DEFENDERS REQUIRE YOUR PRESENCE AT EACH COURT APPEARANCE, AND YOU MUST BE PRESENT TO INITIALLY OBTAIN THEIR SERVICES ANYWAYS).  (CLICK ON TEN TIPS FOR THE FIRST 48 HOURS AFTER ARREST FOR THE OTHER IMPORTANT REASONS TO HIRE A LAWYER). 

NOTE THAT RARELY A COURT MAY ORDER YOUR APPEARANCE WITH YOUR ATTORNEY, IN "APPROPRIATE CASES" (USUALLY ANTICIPATED WHEN ONE OR MORE PRIOR DUI'S OR VIOLATION(S) OF PROBATION ARE ALLEGED, AND/OR HIGH ALCOHOL LEVELS OR OTHER AGGRAVATING FACTORS ARE PRESENT). TYPICALLY IN SONOMA AND NAPA COUNTY YOU ARE NOT REQUIRED TO ATTEND A MISDEMEANOR COURT (OR DMV) HEARING UNLESS THERE IS A SUBSTANTIAL PROCEEDING WHERE EVIDENCE IS TO BE FORMALLY INTRODUCED (USUALLY ONLY A CONTESTED HEARING OR ACTUAL TRIAL PROCEEDINGS). IN MARIN COUNTY YOU MUST ONLY ATTEND SENTENCING (WITH YOUR ATTORNEY BY YOUR SIDE) IF YOU LIVE IN MARIN OR A BORDERING COUNTY. CLICK ON 977 WAIVER FOR AN EXAMPLE OF SONOMA COUNTY'S COURT FORM AUTHORIZING AN ATTORNEY TO APPEAR ON YOUR BEHALF.

WILL YOUR ABSENCE BE NOTICED BY THE COURT OR REQUIRED BY YOUR ATTORNEY? NO, IN MOST CASES COURT APPEARANCES ARE STRICTLY PROCEDURAL (EVEN CLIENTS WHO LIVE HERE RARELY, IF EVER, COME TO COURT). THIS DOESN'T MEAN YOU'LL BE LEFT IN THE DARK ABOUT YOUR CASE. A GOOD ATTORNEY WILL EXPLAIN THE ENTIRE PROCESS. TO START, CLICK HERE TO SEE JAKE'S COMPREHENSIVE ANATOMY OF A SONOMA COUNTY DUI FLOWCHART. IN ADDITION, JAKE'S TECH KNOW-HOW CAN BE VERY HELPFUL TO AVOID THE NEED FOR CLIENT TRAVEL, MEETINGS OR APPEARANCES IN SANTA ROSA. IF REQUESTED, WE .PDF  POLICE REPORTS AND OTHER CASE DOCUMENTS TO YOU WITHIN 24 HOURS AFTER COURT APPEARANCES, AND MOST COURT AND DMV CASES CAN BE STARTED AND FINISHED THROUGH EFFICIENT AND COMPLETE EMAIL OR SNAIL MAIL EXCHANGE. REVIEW THE DISCUSSIONS BELOW ABOUT HOW WE MAY BE ABLE TO ARRANGE FOR YOU TO COMPLY WITH ALL SENTENCING ORDERS WITHOUT EVER BEING REQUIRED TO RETURN TO SONOMA COUNTY IF THERE ARE NO VIABLE DEFENSES IN YOUR CASE.

YOU CAN (AND SHOULD) CLOSELY FOLLOW THE PROGRESS OF YOUR SONOMA COUNTY CASE BY REGULARLY COMMUNICATING WITH YOUR ATTORNEY BEFORE AND AFTER SANTA ROSA COURT APPEARANCES, AND FOLLOW YOUR CASE SEPARATELY ONLINE BY CLICKING ON BEST LINKS ON THIS SITE AND THEN FIND YOUR LOCAL COURT UNDER "SUPERIOR COURTS" BY CLICKING ON THE COUNTY WHERE YOU WERE ARRESTED (FOR EXAMPLE, SONOMA, MARIN, OR NAPA), AND SEARCH YOUR NAME. SONOMA COURTS HAVE AN ONLINE CALENDAR FOR SANTA ROSA APPEARANCES THE NEXT MORNING WHICH LISTS YOUR NAME, CASE NUMBER, ONE CHARGE, AND THE SANTA ROSA COURTROOM (ALSO CALLED THE "DEPARTMENT") FOR YOUR CASE. NAPA COURTS AND MENDOCINO COURTS HAVE SIMILAR ONLINE CALENDARS. MARIN COURTS HAVE SAN RAFAEL APPEARANCES ONLINE WEEKS IN ADVANCE. CONSULT WITH AN ATTORNEY ABOUT YOUR INDIVIDUAL CASE.

2.    May an officer take my home state license?

NOT USUALLY. A DRIVER LICENSE IS COMMONLY KNOWN TO BE THE PROPERTY OF THE STATE WHICH ISSUED IT. ALTHOUGH SONOMA COUNTY POLICE HAVE THE DUTY TO CONFISCATE A CALIFORNIA DRIVER LICENSE UNDER THE "STOP AND SNATCH" LAW (CVC 13382) FOLLOWING AN ALCOHOL-RELATED DUI ARREST, THIS AUTHORITY IS NOT EXTENDED TO NON-CALIFORNIA LICENSES. 

TYPICALLY, LICENSES WHICH ARE CONFISCATED BY SONOMA COUNTY LAW ENFORCEMENT ARE FORWARDED TO THE DMV AND DESTROYED WITHIN DAYS OF ARREST. IF YOU HELD A DRIVER LICENSE ISSUED BY A STATE OTHER THAN CALIFORNIA AND IT WAS CONFISCATED, CONTACT A SANTA ROSA ATTORNEY, SUCH AS JAKE, IMMEDIATELY TO SECURE THE RETURN OF YOUR HOME STATE LICENSE BEFORE IT IS DESTROYED. CONSULT WITH AN ATTORNEY ABOUT YOUR INDIVIDUAL CASE.

3.    I live in California -- should I get a California license?

CALIFORNIA LAW REQUIRES THAT MOST PEOPLE OBTAIN A CALIFORNIA DRIVER LICENSE WITHIN TEN DAYS OF BECOMING A CALIFORNIA RESIDENT (CVC 12505). (AT LEAST TWO EXCEPTIONS ARE CERTAIN MILITARY AND FARM DRIVING SITUATIONS). THEREFORE, IF YOUR PRESENCE IN THE STATE IS MORE THAN TEMPORARY OR TRANSIENT, AND YOU DO NOT HAVE EVIDENCE THAT YOUR PRIMARY RESIDENCE IS IN ANOTHER STATE, THEN YOU ARE LIKELY REQUIRED TO GET A CALIFORNIA LICENSE IN ORDER TO DRIVE HERE LEGALLY.

IN ADDITION, AS YOU WILL SEE BELOW, IF YOU INTEND TO STAY HERE, THEN YOU MAY VERY WELL WISH TO OBTAIN AT LEAST RESTRICTED DRIVING PRIVILEGES IN THE EVENT THAT YOU SUFFER A DUI CONVICTION IN SONOMA COUNTY COURT OR A SUSPENSION OF DRIVING PRIVILEGES FROM THE SANTA ROSA DMV. RESTRICTED "WORK" PRIVILEGES CANNOT BE ISSUED FOR NON-CALIFORNIA LICENSES.

THEREFORE ATTORNEYS GENERALLY ADVISE MOST DRIVERS WHO INTEND TO STAY IN CALIFORNIA THAT THEY SHOULD IMMEDIATELY APPLY FOR AND OBTAIN A CALIFORNIA DRIVER LICENSE IN ORDER TO EASE THE CONSEQUENCES OF A SUBSEQUENT DUI CONVICTION OR SUSPENSION AND BECOME ELIGIBLE FOR MAXIMUM DRIVING PRIVILEGES AT THE EARLIEST OPPORTUNITY. IN THESE SITUATIONS, SPEAK TO A SONOMA LAWYER ABOUT THE ADVISABILITY OF HAVING A NEW CALIFORNIA LICENSE IN HAND BEFORE ALLOWING A CONVICTION OR DMV SUSPENSION TO START, IN ORDER TO AVOID HAVING YOUR TEMPORARY CALIFORNIA LICENSE CANCELLED BEFORE ISSUANCE BECAUSE OF AN INTERVENING CONVICTION RESULTING IN A HOME STATE SUSPENSION AND CALIFORNIA CANCELLATION. ALTHOUGH EACH PERSON'S SITUATION IS UNIQUE, A SANTA ROSA ATTORNEY MAY EVEN BE ABLE TO REVERSE A FOREIGN SUSPENSION IN TIME TO PREVENT CANCELLATION OF A CALIFORNIA LICENSE.

LOCAL DMV PRACTICE IN SONOMA COUNTY (BOTH SANTA ROSA AND PETALUMA DMV FIELD OFFICES) HAS BEEN THAT YOU ARE ALLOWED TO APPLY AND TAKE THE TEST(S) PRIOR TO, BUT NOT DURING, ANY ACTUAL SUSPENSION, AND THEREFORE ASSURING THE FASTEST RETURN OF DRIVING PRIVILEGES TYPICALLY COUNSELS IMMEDIATE APPLICATION FOR A CALIFORNIA LICENSE; THIS APPROACH IS PARTICULARLY IMPORTANT TO CONSIDER IF THERE ARE NO VIABLE DEFENSES IN YOUR SONOMA COUNTY DUI CASE, AND THIS IS USUALLY THE BEST INFORMATION FOR THOSE WHO HAVE NO PRIOR DUI'S AND WHO MISSED THE 10-DAY RULE FOR REQUESTING A DMV HEARING (THE 10-DAY RULE IS DESCRIBED UNDER "CONTACT DMV" AT TEN TIPS FOR THE FIRST 48 HOURS AFTER ARREST ON THIS SITE). ASK A LAWYER IF THIS APPROACH WOULD BE HELPFUL IN YOUR INDIVIDUAL CIRCUMSTANCES

CLICK ON DRIVER LICENSE INFORMATION TO FIND FAST INFORMATION ON GETTING A CALIFORNIA LICENSE. CLICK ON TEN TIPS FOR EASING THE CONSEQUENCES OF A DUI ON THIS SITE FOR A DETAILED DISCUSSION ABOUT RESTRICTED "WORK" DRIVING PRIVILEGES. CONSULT WITH A LAWYER ABOUT YOUR SPECIFIC CASE.

4.    May I drive in my home state now?

THE ANSWERS TO ANY QUESTIONS ABOUT ADVERSE CONSEQUENCES IN ANOTHER STATE, DUE TO A SONOMA COUNTY DUI ARREST, CONVICTION OR DMV SUSPENSION, REQUIRE KNOWLEDGE ABOUT YOUR HOME STATE LAW. THEREFORE YOU MUST ALWAYS SEEK THE ADVICE OF AN ATTORNEY LICENSED IN YOUR HOME STATE, OR THE STATE WHICH ISSUED YOUR LICENSE, ABOUT SUCH CONSEQUENCES BEFORE AND AFTER ANY SUSPENSION OR CONVICTION.

THIS IS ESPECIALLY TRUE BECAUSE DIFFERENT STATES VARY WIDELY IN HOW THEY REACT TO A SONOMA COUNTY DUI CONVICTION OR A SANTA ROSA DMV SUSPENSION. FOR EXAMPLE, YOU WILL LEARN THAT THERE ARE USUALLY TWO SEPARATE AND INDEPENDENT PROCEEDINGS IN A TYPICAL DUI CASE: SONOMA COUNTY CRIMINAL COURT AND SANTA ROSA DMV. SOME STATES TYPICALLY DO NOTHING TO YOUR HOME STATE LICENSE IF THE CALIFORNIA DMV SUSPENDS YOUR PRIVILEGE TO DRIVE HERE, BUT THEY MAY ACT AGAINST YOUR HOME STATE DRIVER LICENSE IF YOU ACTUALLY RECEIVE A COURT CONVICTION. AS A GENERAL RULE, ACCORDING TO THE INTERSTATE DRIVER LICENSE COMPACT, ONE CAN ANTICIPATE THAT YOUR HOME STATE WILL ACT AGAINST YOUR LICENSE THE SAME AS IF THE CALIFORNIA CONVICTION OCCURRED AT HOME. (CVC 15023).

HOWEVER, UNDERSTAND THAT YOUR HOME STATE CAN ONLY ACT AGAINST YOUR LICENSE IF YOUR HOME STATE KNOWS ABOUT AN ADVERSE ACTION IN CALIFORNIA. CALIFORNIA IS ONLY DIRECTED TO INFORM YOUR HOME STATE OF THIS INCIDENT IF A CONVICTION ACTUALLY OCCURS (CVC 15022) OR IF DMV ACTUALLY SUSPENDS OR REVOKES YOUR DRIVING PRIVILEGE HERE (CVC 13552). 

THEREFORE IT IS VERY, VERY IMPORTANT TO FIGHT OR NAVIGATE CAREFULLY THROUGH THE COURT AND DMV PROCEEDINGS IN ORDER TO TRY TO AVOID A SONOMA COUNTY CONVICTION OR SANTA ROSA DMV SUSPENSION. CLICK ON TEN TIPS FOR THE FIRST 48 HOURS AFTER ARREST AND TEN TIPS FOR FIGHTING A DUI ON THIS SITE FOR A MORE DETAILED DISCUSSION OF HOW TO AVOID ADVERSE CONSEQUENCES IN YOUR HOME STATE BY AVOIDING ADVERSE RESULTS HERE FIRST. CONSULT WITH A LAWYER ABOUT YOUR SPECIFIC CASE.

5.    May I drive in California now?

IF YOU WERE VALIDLY LICENSED AND INSURED PRIOR TO A SONOMA COUNTY DUI ARREST AND IF THE OFFICER TOOK YOUR LICENSE AND/OR SERVED YOU WITH A "PINK" TEMPORARY LICENSE, THEN TYPICALLY IN MOST CASES YOU MAY DRIVE WITH THAT TEMPORARY LICENSE FOR 30 DAYS FROM THE DATE OF ARREST. USUALLY AN ATTORNEY CAN HELP EXTEND THAT 30 DAYS UNTIL A DMV DECISION IS OBTAINED. 

IF YOU ARE LICENSED OUTSIDE THE STATE OF CALIFORNIA, THEN, EVEN THOUGH YOU MAY SEE THAT THE PINK TEMPORARY STATES "THIS TEMPORARY LICENSE DOES NOT PROVIDE YOU WITH ANY DRIVING PRIVILEGES IF YOU DO NOT HAVE A CALIFORNIA DRIVER LICENSE," NONETHELESS YOU HAVE THE SAME RIGHT TO A HEARING AND A STAY (POSTPONEMENT) OF ANY SUSPENSION OF PRIVILEGES AS A CALIFORNIA LICENSEE (CVC 13552).

THEREFORE, WE USUALLY ADVISE NON-CALIFORNIA LICENSEES THAT THE BEST WAY TO CONTINUE DRIVING IN CALIFORNIA IS TO ASK A SONOMA COUNTY LAWYER TO REQUEST THE DMV HEARING WITHIN TEN DAYS OF YOUR ARREST (THIS PROCESS IS BRIEFLY DESCRIBED ON THE FACE OF THE PINK TEMPORARY) IN ORDER TO STOP THE AUTOMATIC SUSPENSION OF YOUR CALIFORNIA DRIVING PRIVILEGES UNTIL YOUR ENTIRE INCIDENT AND SUPPORTING DOCUMENTATION CAN BE EXAMINED BY A LOCAL SANTA ROSA LAWYER TO DETERMINE IF THERE ARE ANY VIABLE DEFENSES. 

IF YOUR SANTA ROSA ATTORNEY SUCCESSFULLY OBTAINS THIS POSTPONEMENT OF ANY ANTICIPATED SUSPENSION, THEN TYPICALLY YOUR DRIVING PRIVILEGES IN CALIFORNIA ARE EXTENDED UNTIL YOUR MATTER IS RESOLVED WITH EITHER AN OUTRIGHT WIN, OR AT LEAST WITH A MORE CONTROLLED REIMPOSITION OF A SUSPENSION. CLICK ON TEN TIPS FOR THE FIRST 48 HOURS AFTER ARREST ON THIS SITE FOR A MORE DETAILED DISCUSSION ABOUT THE PINK TEMPORARY LICENSE AND THE DMV. CONSULT WITH A LAWYER ABOUT YOUR SPECIFIC CASE.

6.    Can I get a work license?

IF YOU ALREADY HAVE, OR YOU INTEND TO GO AND GET, A CALIFORNIA LICENSE, THEN IN A TYPICAL SONOMA COUNTY ADULT FIRST DUI CASE WITH NO ALLEGATION OF REFUSAL, INJURY OR OTHER AGGRAVATING CIRCUMSTANCES, MOST PEOPLE BECOME ELIGIBLE FOR A RESTRICTED CLASS "C" CALIFORNIA "WORK" LICENSE FOLLOWING A 30-DAY PERIOD OF SUSPENSION BY THE DMV IF CERTAIN TASKS ARE ACCOMPLISHED. IN A TYPICAL SECOND DUI CASE THERE IS NO POSSIBILITY OF A RESTRICTED "WORK" LICENSE (REGARDLESS OF HARDSHIP) FOR AT LEAST ONE YEAR.  

IF YOU DO NOT HAVE A CALIFORNIA LICENSE, THEN UNDERSTAND THAT THE DMV CANNOT ISSUE A RESTRICTED LICENSE FROM YOUR HOME STATE. THIS IS ONE OF THE BEST REASONS TO OBTAIN A CALIFORNIA LICENSE PRIOR TO AN ANTICIPATED SUSPENSION FOR A TYPICAL FIRST OFFENSE DUI WITHOUT VIABLE DEFENSES, IF YOU INTEND TO STAY IN CALIFORNIA. IF YOU RESIDE IN ANOTHER STATE, THEN IT IS LIKELY THAT THERE ARE RESTRICTED OR HARDSHIP DRIVING PRIVILEGES IN CERTAIN CASES (CHECK THIS STATE SUSPENSION CHART -- NEARLY ALL STATES PERMIT SOME KIND OF LIMITED DRIVING), BUT AVAILABILITY DEPENDS ON THE LOCAL LAWS OF YOUR HOME STATE, AND SUCH ADVICE MAY ONLY BE PROVIDED BY AN ATTORNEY LICENSED TO PRACTICE IN THAT STATE.

THERE ARE A VARIETY OF SPECIAL RULES IN CALIFORNIA FOR MINORS, COMMERCIAL DRIVERS, ETC. CLICK ON TEN TIPS FOR GETTING YOUR LICENSE BACK FROM DMV ON THIS SITE FOR A MORE DETAILED DISCUSSION ABOUT GETTING YOUR LICENSE BACK IN MANY DIFFERENT SITUATIONS. CONSULT WITH A LAWYER ABOUT YOUR SPECIFIC CASE.

7.    What is a typical DUI sentence?

IN SONOMA COUNTY, FOR A "STANDARD" ADULT FIRST DUI UNDER 0.15% BLOOD ALCOHOL WHERE THERE ARE NO OTHER CHARGES OR ALLEGATIONS, AND NO VIABLE LEGAL DEFENSES OR OTHER COMPELLING FACTS, MOST DEFENDANTS CAN ANTICIPATE TWO DAYS OF JAIL, APPROXIMATELY $2100 COURT FINES WHICH MAY BE PAID IN AFFORDABLE INSTALLMENTS, THREE YEARS INFORMAL PROBATION AND THREE MONTHS OF DUI CLASSES. MANY CASES RESOLVE WITH BETTER RESULTS (FOR EXAMPLE A "WET RECKLESS") AND LIKEWISE MANY RESOLVE WITH HIGHER PENALTIES. 

BY CONTRAST, A TYPICAL "STANDARD" SECOND DUI SENTENCE NORMALLY INCREASES A DEFENDANT'S JAIL FROM TWO DAYS TO 30, INFORMAL PROBATION FROM THREE YEARS TO FIVE YEARS (AND STAY AWAY FROM ALCOHOL), AND THE THREE-MONTH DUI CLASSES TO 18 MONTHS, PLUS A MINIMUM ONE-YEAR LICENSE SUSPENSION. CLICK ON TEN TIPS FOR EASING THE CONSEQUENCES OF A DUI ON THIS SITE FOR A DETAILED DISCUSSION ABOUT TYPICAL SONOMA COUNTY DUI RESOLUTIONS. CONSULT WITH A LAWYER ABOUT YOUR SPECIFIC CASE.

8.    Must I return to Sonoma County for jail?

MOST FIRST AND SECOND DUI OFFENDERS IN SONOMA COUNTY CAN AVOID SERVING ACTUAL JAIL TIME THROUGH ALTERNATIVES SUCH AS VOLUNTEER WORK RELEASE OR HOME CONFINEMENT. IN APPROPRIATE CASES (NO SERIOUSLY AGGRAVATING FACTORS ALLEGED DURING THE INCIDENT), A SANTA ROSA LAWYER MAY AVOID A JAIL SENTENCE ALTOGETHER, OR REQUEST THAT PROOF OF LEGITIMATE COMMUNITY SERVICE OR HOME CONFINEMENT IN ANOTHER CALIFORNIA COUNTY (OR IF YOU LIVE OUTSIDE CALIFORNIA THEN IN YOUR HOME STATE) BE PERMITTED TO SATISFY ANY JAIL SENTENCE, OR WE MAY INQUIRE INTO OTHER JAIL ALTERNATIVES IN YOUR COUNTY OR HOME STATE TO AVOID THE NECESSITY OF YOUR TRAVELING BACK TO SONOMA COUNTY TO SERVE A JAIL SENTENCE.

MANY SECOND AND THIRD OFFENDERS MAY QUALIFY FOR SONOMA COUNTY'S NEW "DUI COURT" DESIGNED TO FOCUS ON TREATMENT RATHER THAN INCARCERATION, HOWEVER ANY ELECTION TO PARTICIPATE IN THIS MULTIPLE OFFENDER PROGRAM WOULD REQUIRE PHYSICAL PRESENCE AND RESIDENCY IN SONOMA COUNTY.

IF YOU ARE NOT A CALIFORNIA RESIDENT, THEN TRYING TO AVOIDING JAIL IN SONOMA COUNTY MAY BE THE BEST REASON TO HIRE A PRIVATE SANTA ROSA LAWYER. IF YOU ARE A CALIFORNIA RESIDENT, THEN CLICK ON TEN TIPS FOR EASING THE CONSEQUENCES OF A DUI ON THIS SITE TO EXAMINE THESE VARIOUS JAIL ALTERNATIVES WHERE THERE ARE NO VIABLE DEFENSES OR AGGRAVATING FACTORS IN A CASE. CONSULT WITH A LAWYER ABOUT YOUR SPECIFIC CASE.

9.    Must I complete DUI classes?

IN A TYPICAL SONOMA COUNTY ADULT FIRST DUI CASE WITH NO ALLEGATION OF REFUSAL, INJURY OR OTHER AGGRAVATING CIRCUMSTANCES, AND NO VIABLE DEFENSES, MOST CALIFORNIA LICENSEES ARE REQUIRED TO COMPLETE A DUI PROGRAM CONSISTING OF WEEKLY CLASSES FOR THREE MONTHS. IF YOU LIVE IN A DIFFERENT CALIFORNIA COUNTY, A ROUTINE REFERRAL TO A SUITABLE PROGRAM IN YOUR OWN COUNTY IS AVAILABLE. CLICK ON TEN TIPS FOR GETTING YOUR LICENSE BACK FROM DMV ON THIS SITE FOR A MORE DETAILED DISCUSSION ABOUT DUI CLASSES.

IF YOU LIVE OUTSIDE OF CALIFORNIA, THEN TYPICALLY SONOMA COUNTY COURTS WILL PERMIT A COURT RESOLUTION CALLED "SELF ENROLLMENT" IN ANY DUI PROGRAM REQUIRED BY THE CALIFORNIA DMV. ONCE ANY DMV SUSPENSION PERIOD HAS CONCLUDED, YOU MAY CONTACT DMV IN SACRAMENTO AND REQUEST A FORM ATTESTING TO YOUR NON-CALIFORNIA RESIDENCY TO BE MAILED TO YOUR NON-CALIFORNIA ADDRESS. CLICK HERE TO SEE A SAMPLE FORM REQUESTING TERMINATION OF SUSPENSION. (DO NOT SIMPLY PRINT AND COMPLETE THIS FORM. DMV MAY FLAG YOUR EFFORT AS POSSIBLY FRAUDULENT. IF YOU QUALIFY -- ASK A LOCAL SANTA ROSA LAWYER OR SONOMA COUNTY ATTORNEY FIRST -- THEN CALL THE NUMBER LISTED AND REQUEST THE NEWEST FORM BE SENT TO YOU.) COMPLETION AND RETURN OF THIS FORM TYPICALLY RESULTS IN THE CALIFORNIA DMV RELIEVING YOU OF THE REQUIREMENT TO ATTEND AND COMPLETE THE CALIFORNIA DUI PROGRAM AND IS DESIGNED TO CLEAR YOUR CALIFORNIA DMV RECORD SO THAT YOU MAY DEAL DIRECTLY WITH YOUR HOME STATE REGARDING ANY REMAINING REQUIREMENTS TO FULL REINSTATEMENT OF DRIVING PRIVILEGES (CVC 13353.5).

IF YOU ARE A NON-RESIDENT, AND THE SONOMA COUNTY COURT IS UNWILLING TO ALLOW SELF-ENROLLMENT, THEN YOUR SANTA ROSA LAWYER MAY REQUEST THAT ANY DUI PROGRAM REQUIREMENT BE SATISFIED WITH COMPLETION OF AN INTERNET DUI PROGRAM FOR NON-CALIFORNIA LICENSE HOLDERS. ALTHOUGH THIS TYPE OF PROGRAM MAY ONLY APPEASE THE COURT AND DOES NOT SATISFY THE CALIFORNIA DMV PROGRAM REQUIREMENT, SUCCESSFUL COMPLETION OF THE FORM PROCEDURE ABOVE WILL TYPICALLY ACCOMPLISH THE CLEARING OF YOUR CALIFORNIA DMV RECORD. CONSULT WITH A LAWYER ABOUT YOUR SPECIFIC CASE.

10.    Will my home state license be affected?

AS DISCUSSED ABOVE IN QUESTION #4, THE ANSWERS TO ANY QUESTIONS ABOUT CONSEQUENCES IN ANOTHER STATE OF A SONOMA COUNTY DUI ARREST, CONVICTION OR ADVERSE DMV ACTION, REQUIRE KNOWLEDGE ABOUT YOUR HOME STATE LAW. THEREFORE YOU MUST ALWAYS SEEK THE ADVICE OF AN ATTORNEY LICENSED IN YOUR HOME STATE, OR THE STATE WHICH ISSUED YOUR LICENSE, ABOUT SUCH CONSEQUENCES BEFORE AND AFTER ANY SUSPENSION OR CONVICTION.

THIS IS ESPECIALLY TRUE BECAUSE DIFFERENT STATES VARY WIDELY IN HOW THEY REACT TO A SONOMA COUNTY DUI CONVICTION OR A SANTA ROSA DMV SUSPENSION. FOR EXAMPLE, REMEMBER THAT THERE ARE TWO SEPARATE PROCEEDINGS IN A TYPICAL DUI CASE, SONOMA COUNTY CRIMINAL COURT AND SANTA ROSA DMV; SOME STATES TYPICALLY DO NOTHING TO YOUR HOME STATE LICENSE IF THE DMV SUSPENDS YOUR PRIVILEGE TO DRIVE HERE, BUT MAY ACT AGAINST YOUR HOME STATE LICENSE IF YOU SUFFER A COURT CONVICTION. AS A GENERAL RULE, ACCORDING TO THE INTERSTATE DRIVER LICENSE COMPACT, ONE CAN ANTICIPATE THAT YOUR HOME STATE WILL ACT AGAINST YOUR LICENSE THE SAME AS IF THE CALIFORNIA CONVICTION OCCURRED AT HOME. (CVC 15023).

HOWEVER, UNDERSTAND THAT YOUR HOME STATE CAN ONLY ACT AGAINST YOUR LICENSE IF YOUR HOME STATE KNOWS ABOUT AN ADVERSE ACTION IN SONOMA COUNTY. IT IS POSSIBLE A STATE MAY NEVER FIND OUT, OR MAY DECIDE NOT TO ACT IN A PARTICULAR CASE. IT IS ALWAYS WISE TO CAREFULLY EXAMINE ANY NOTICE YOU RECEIVE FROM YOUR HOME STATE LICENSING AGENCY AND CONSULT WITH AN ATTORNEY THERE.

IN ADDITION, CALIFORNIA IS ONLY DIRECTED TO INFORM YOUR HOME STATE OF THIS INCIDENT IF A CONVICTION ACTUALLY OCCURS (CVC 15022) OR IF DMV ACTUALLY SUSPENDS OR REVOKES YOUR DRIVING PRIVILEGE HERE (CVC 13552).  THIS IS WHY IT IS SO VERY IMPORTANT TO FIGHT OR CAREFULLY NAVIGATE THROUGH THE COURT AND DMV PROCEEDINGS WITH A LOCAL LAWYER IN ORDER TO TRY TO AVOID A SONOMA COUNTY CONVICTION OR SANTA ROSA DMV SUSPENSION BEFORE CALIFORNIA REPORTING REQUIREMENTS ARE TRIGGERED. CLICK ON TEN TIPS FOR THE FIRST 48 HOURS AFTER ARREST AND TEN TIPS FOR FIGHTING A DUI ON THIS SITE FOR A MORE DETAILED DISCUSSION OF HOW TO AVOID ADVERSE CONSEQUENCES IN YOUR HOME STATE BY AVOIDING ADVERSE RESULTS HERE FIRST. CONSULT WITH A LAWYER ABOUT YOUR SPECIFIC CASE.