Can You Get an Out-of-State License Prior to Revocation

Last year, while in the Military, I got a DUI in the state of Nevada. My driver's license is from Maryland, and I was stationed in California.

I went through the court process, accepted guilt, and paid my debt to society. 6 Months after that court date, I receive notice from Maryland saying my license is going to be revoked.

I file for an Administrative Hearing, citing my current residence is in California and current occupation being Military. I request a hearing date that I would have a modicum of a chance to attend--I include a letter detailing my situation, and a copy of my Military Orders that places me at my location in CA. I received a message from the DMV today, confirming reception of a hearing and setting it on 5/27 in the middle of the week in Maryland. I separated from the Military on 5/7. I currently work a M-F 0800-1700 job where I have not accumulated paid time off necessary to fly to MD and handle this.

This is my first DUI.

NOTE: My license in MD is not currently revoked. It is in the process of determining revocation, if that distinction matters. I've seen a lot of threads where the poster already has a revoked license--mine is currently in my possession and not considered suspended or revoked.

I am obviously going to file for a postponement on my hearing, citing, once again, the fact that I am in California not MD and providing electrical bills to prove it. My question, having detailed the history, is thus:

1. If I were to apply for a California license, would it get accepted (I'm aware of DLC and NDR but don't know how they'd play in)?

2. If I did procure a CA license, would the revocation of my MD license lead to a revocation of my newly acquired CA license?

3. IF my newly acquired CA license were revoked, would I be able to apply for a restricted CA license?

Since my state of residence is still technically MD, would California require me to get a non-resident license, or would it be more prudent to change my residence before I do all of this?

I understand this is a convoluted series of questions, but I've done my best to make it understandable. Thank you for all help offered.

When you apply for a license in California you are asked, "Have you had your driving privilege or a driver license cancelled, refused, delayed, suspended, or revoked?" If yes, you are to provide the date(s) and reason(s). That includes a suspension in a state in which you aren't licensed, such as if you were suspended in Nevada for your drunk driving offense. Also, California will learn the outcome of the Maryland proceedings and will take administrative action against your license if you are suspended or revoked subsequent to your submission of your application.

In terms of the state of your domicile, you know where you live. If you live and work in California, then you've already changed your residence from Maryland.

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Quoting Mr. Knowitall

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When you apply for a license in California you are asked, "Have you had your driving privilege or a driver license cancelled, refused, delayed, suspended, or revoked?" If yes, you are to provide the date(s) and reason(s). That includes a suspension in a state in which you aren't licensed, such as if you were suspended in Nevada for your drunk driving offense. Also, California will learn the outcome of the Maryland proceedings and will take administrative action against your license if you are suspended or revoked subsequent to your submission of your application.

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Oh I'm not trying to hide anything from them, I am wearing all of this information on my sleeve rather than up it, so to speak.

I am well aware of NDR notifying California of my offenses. From what I've turned up with subsequent research, as well as speaking with the California DMV in my county, the license may very well be issued. However: once the suspension/revocation goes through with Maryland, my consolidated license maintained in California would then be revoked as the two licenses would be consolidated.

That I understand, now.

What I have not determined either through research or talking to DMV officials, is whether or not I would be eligible for a California Restricted license to go to and from work, or whether I would have to go through Maryland, which brings me to my next issue:

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Quoting Mr. Knowitall

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In terms of the state of your domicile, you know where you live. If you live and work in California, then you've already changed your residence from Maryland.

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Pragmatically I would agree with you, and for the sake of where I will be driving and living, you are absolutely right. However: I don't know that LEGALLY I am a California resident. Based on what I re-learn every year when I file my taxes: my permanent residence would still be considered Maryland unless I file for a change of residence (505 or something form?), otherwise I am considered a non-resident...?

I also don't know if that particular litigation would in any way affect which state I need to apply for a restricted license through. The DMV did not seem to know, either.

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Quoting CBot

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Pragmatically I would agree with you, and for the sake of where I will be driving and living, you are absolutely right. However: I don't know that LEGALLY I am a California resident. Based on what I re-learn every year when I file my taxes: my permanent residence would still be considered Maryland unless I file for a change of residence (505 or something form?), otherwise I am considered a non-resident...?

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While you are on active duty in the military, you can maintain your "home state" as some place other than where you're posted, and thus can maintain voting rights in that state, can keep a driver's license from that state, and the like. You're not in the military any more. If you live in California you have ten days from the date you establish residency to apply for an in-state license. If you are employed in a civilian job in California, you will file a California tax return to report those earnings. You don't need to file a special tax form with your former state to become a resident of California, and as a resident you become subject to California laws.

If you are domiciled in California, you need to obtain a California license. Assuming that this is your first DUI and there are no other grounds for the administrative suspension of your license, once you have restored your Maryland license (if still necessary) you should be able to seek a restricted license under VC Sec. 13353.7. That provision relates to relief from an administrative driver's license suspension relating to a DUI (after a thirty day waiting period you would need to obtain SR-22 insurance, you would need to enter a 3-month first conviction program, and you would need to pay the application fee to the DMV). If you want to try to fight an administrative suspension, I suggest consulting a drunk driving defense lawyer who handles driver's license appeals for a full review of your situation and the facts of the out-of-state DUI.