Mass. DUI Consequences for Non-Residents
If you are licensed in another state and you have the misfortune of being convicted of operating under the influence here in Massachusetts, you may need a Mass. RMV lawyer to minimize the consequences of your Massachusetts DUI conviction. Unlike many other states, such as Connecticut which has a 10 year DUI look-back period, the State of Massachusetts has an unlimited look-back period. This means that an operating under the influence conviction from 30 or more years ago, for example, no matter where it occurred, can be used to increase your DUI license suspension.
The standard license suspension for a first offense in Massachusetts is one year. However, a good DUI lawyer should be able to get you a reduced suspension of 45 to 90 days under the Mass. 24D First Offender Program.
Those who commit their second offense OUI in Massachusetts will be ignition interlock required and they will have their licenses suspended for 2 years. However, in some cases, if the conviction for first OUI offense entered 10 or more years prior to the 2nd OUI incident, it may be possible to get treatment as a first offender. Also, if you live out of state an never want to drive in Massachusetts again, you may be able to get an ignition interlock waiver. Contact Attorney Brian Simoneau by completing the contact form on this site for more information about this option.
Anyone who is convicted of a 3rd operating under the influence offense in Massachusetts will have an automatic 8 year revocation and ignition interlock restriction. Prior OUI convictions, including DWAI offenses, pleas of nolo contendre, admissions to sufficient facts, and CWOFs will count when the Registry determines whether the out of state driver will have his right to operate revoked for 8 years.
A conviction of a 4th OUI in Massachusetts will trigger an automatic 10 year loss of license. The offender will be ignition interlock required during the entire length of any hardship license and for 2 years after getting a full license.
If you are convicted of operating under the influence (OUI) in Massachusetts and you have 4 prior DUI convictions or alcohol program assignments on your record, the Mass. Registry will permanently revoke your right to drive.
When the Registry suspends or revokes your right to operate in Massachusetts, because of a DUI conviction or program assignment, the RMV will notify your home state motor vehicle department (DMV) through the National Driver Register (NDR). When this happens, your home state DMV will suspend your license there.
The Registry will not issue hardship licenses for out of state residents, because only Massachusetts residents are eligible to receive Mass. drivers licenses. However, in some cases, for qualified clients, Attorney Brian E. Simoneau has been able to obtain findings and orders which require the Registry to clear the driver's block in the NDR, so that the out of state driver can get his or her license reinstated in the driver's home state. Complete the contact form on this site for more information regarding this option.
If you are an out of state lawyer and you need information regarding Massachusetts license suspensions or revocations, contact Attorney Brian E. Simoneau. He routinely assists and advises other lawyers regarding Massachusetts Registry of Motor Vehicles and Board of Appeal matters.