Individuals who are either Massachusetts Residents and/or Massachusetts Driver's License Holders are held to an extremely high bar when it comes to out of state violations. This is especially so for such individuals who are charged with and convicted of an out of state OUI/DUI. Not only will your right to operate likely be suspended in the state in which the offense occurred but if you are convicted or assigned to an alcohol treatment program, it is likely your license and right to operate in Massachusetts will be suspended.
Convictions to OUI/DUI that occur outside of Massachusetts will be entered into the National Driver Registry. The offense may be an OUI/DUI conviction or it could a pretrial suspension related to refusing the breathalyzer test or failing the breathalyzer test. Under state law, when the Massachusetts Registrar receives official notification that a Massachusetts Driver or Resident is suspended or revoked in another state, the Massachusetts Registry is required to suspend that persons right to operate in Massachusetts. Unless ordered to override the National Driver Registry, the Massachusetts Registry will not reinstate the individuals right to operate until the state where the offense occurred has reinstated the driver's right to operate.
However, if the reason for which an individual was blocked on the National Driver Register was due to an OUI/DUI offense, simply reinstating in the offending state will not be enough. If the offense is related to an OUI/DUI the Massachusetts Registry will require not just clearance from the other state but also disposition information related to the out of state offense. The Registry will require an out of state driving record, copy of the court docket the indicate when the offense occurred, what the charges were and how the case was resolved. If you were found guilty, responsible or in cases of OUI/DUI assigned to a substance abuse treatment program, a Registry of Motor Vehicles Hearing Officer will add the offense to your record.
If you were convicted of OUI/DUI or a like offense (DWAI in New York) or assigned to a Substance Abuse Treatment Program, the Massachusetts Registry of Motor Vehicles will suspend your drivers license as if the offense had occurred here in Massachusetts. If you have no prior OUI/DUI convictions or program assignments, you will receive a 1 year license suspension. If you have one prior conviction or program assignment the addition of the new offense will generate a two year suspension, two priors will result in an eight year suspension and if you had three prior convictions or program assignment you will face a ten year license suspension.
Attorney Gilman is a former RMV hearings officer who specializes in Massachusetts License Suspension Law. Attorney Gilman may be able to help get you back on the road today whether through a hardship license or full reinstatement. Contact Attorney Gilman today for a free case consultation.