Did you have an out of state license when you were pulled over and charged with an OUI in Massachusetts? There are many reasons why people have an out of state license such as recently moved to the area, passing through, or visiting. However, being charged with an OUI with an out of state license is serious and you will need an in-state, skilled Massachusetts attorney to represent you.
National Driver’s License Registry and Massachusetts
The National Driver’s License Registry (NDLR) is a special agreement that dictates that all states who are a part of the registry share license information (example OUI/DUI convictions) on a large data base. However, Massachusetts is not a member. Despite not being part of the NDLR, the state does send out notices to other states of any DUI or OUI charges/convictions. They also notify other states of breathalyzer referrals.
What it Means for You if Mass Contacts Other States with Convictions?
You might be wondering what it means if Massachusetts contacts your home state with any OUI convictions. Basically, if the state of Massachusetts suspends your license then when your home state finds out they will also more than likely suspend your license. The suspension will last for whatever time period is set forth by the Massachusetts Registry of Motor Vehicles regardless of your home state’s laws.
In fact, if your home state has a longer period of suspension then they might impose the longer suspension of whatever drunk driving offense matches the charges you are convicted of in Mass. So please do not think that you can simply ignore any charges that are issued in Massachusetts and mistakenly believe they will not affect your license in your home state.
The Surrounding States and DUI Charges
It is common for people to venture into Massachusetts from surrounding states. Let’s look at a couple of the states and their actions concerning an OUI / DUI.:
Maine: Maine participates in the Interstate Driver License Compact (DLC) which means that the authorities will know that you received an OUI in Massachusetts. Your driving privileges will experience suspension. Drivers who are under the age of 21 will lose their license for one year. For a first offense, an adult over the age of 21 loses their license for 180 days.
Rhode Island: Rhode Island recognizes Massachusetts law when an OUI takes place in the state. In Rhode Island, DUIs older than 5 years are not counted against a driver but in Massachusetts they are. This means that if you have an old Rhode Island DUI and you are given a second OUI in Massachusetts then it is automatically considered a second DUI by both states. Rhode Island honors Massachusetts’ own unique laws and not its own when the DUI took place in another states.
Connecticut: The laws in Connecticut consider previous offenses and how each case was handled/resolved. Your driving record has a great deal of bearing on what happens within the state even if your OUI took place in MA. You’ll need to consult an attorney to figure out what you can expect in your unique situation.
New Hampshire: New Hampshire honors any MA OUI and follows DLC. However, they do offer courses for first time offenders that can shorten the suspension in NH. You’ll need to consult with an attorney to see if you qualify.
Out of State OUI Convictions
Do you have a DUI conviction in another state, and you have now been charged with an OUI in Massachusetts? You might be surprised to learn that the old DUI conviction is considered a prior offense even though it took place in another state. Your DUI in MA will be considered your second or more offense (depending on if you have multiple offenses in another state).
In Massachusetts, a second OUI conviction is serious. You’ll face the following:
- Stiff fines of between $600 to $10,000
- Two-year suspension of your out of state driver’s license
- 2.5 years of a jail sentence
If you are being charged with a OUI in Massachusetts with an out of state license, then it is imperative that you seek legal counsel. Please contact Oberhauser Law to schedule a free consultation and review of your case.