If you have been charged with driving under the influence of alcohol or drugs, a prior DUI conviction could dramatically increase any resulting breathalyzer refusal or DWI license suspension. Massachusetts has a lifetime look-back and the prosecution will check multiple sources for prior DUI convictions or assignments to a drug or alcohol treatment program, which count just like convictions.
Prosecutors in Massachusetts operating under the influence (OUI) cases are likely to check computerized records, court files, your Massachusetts driving record, probation record, County and Municipal Court records, as well as DMV databases for any prior offenses.
A prior offense may disqualify you from being treated as a first offender and multiple DUI convictions will substantially increase the length of your DUI and/or chemical test refusal suspension, as well as the waiting period which you must serve prior to being considered for a hardship driver’s license.
In some cases, the prosecution will not be able to prove a prior offense “beyond a reasonable doubt” during the criminal DUI trial. This does not mean that the Registry of Motor Vehicles cannot consider that prior offense when calculating the length of your license revocation or when deciding if your will be ignition interlock required.
If you have been arrested for DUI and you have any prior offenses, you should disclose them to your lawyer as soon as possible. Also, out of state offenses count the same as those committed in Massachusetts. Basically, any prior DUI conviction or assignment to a program will count, regardless of when and where it happened.