If you're a Massachusetts driver's license holder, and you get arrested for DUI in another state, your driver's license might be at risk. At first, the answer is your license might be at risk and the further your criminal case in the other state progresses the more that risk grows.
On the date of your arrest you were likely offered to submit to a breath test. If you refused or if you failed the other state will likely issue you a suspension in that state. Your suspension for refusing or failing a breath test does not automatically suspend your right to operate in Massachusetts. Your right to operate in Massachusetts will not initially be for your failure or refusal to take the breath test but will be due to being suspended on the National Driver Registry (NDR). The administrative suspension related to the breath test is not what will suspend your Massachusetts license. It is the NDR suspension. If the Massachusetts Registry learns you are suspended on the NDR your right to operate will be suspended by Massachusetts. At this point so long as you remain suspended on the NDR you will not be eligible to reinstate your right to operate in Massachusetts.
Now that brings us along to the criminal charges of a OUI/DUI charge outside of Massachusetts. The Massachusetts Registry will not suspend your license if you are found not guilty or the charges are dismissed. So, if you avoid a conviction for OUI/DUI in another state, you will not be suspended in Massachusetts for DUI/OUI (*Your right to operate can remain suspended for the NDR suspension). However, if you are convicted in another state which Massachusetts law defines as either a Guilty Plea or Finding or any Assignment to a Substance Abuse Treatment Program in any other state, Massachusetts will consider that a DUI/OUI for its own purposes and impose a license suspension.
The length of any license suspension imposed for an out of state DUI/OUI will be calculated on how many prior DUI/OUI convictions and or Program Assignments the Massachusetts Registry is able to locate. Even if the other state resolved the DUI/OUI as a first offense, if the Massachusetts Registry finds you had prior OUI/DUI convictions or assignments your license will be suspended based on the true number of OUI/DUI's you have had.
Attorney Gilman has handled countless cases where clients were arrested for DUI/OUI out of state. He has helped clients obtain Hardship Licenses and clearing the Massachusetts suspension. Getting the Massachusetts license cleared and reinstated is complicated. Call a former Registry Hearing Officer today.