Recently the Registry of Motor vehicle has changed its policy regarding license suspensions for out of state OUI/DUI/DWI reported via the National Driver Registry (NDR). Prior to the change, a Massachusetts resident could be notified of an out of state issue in two ways: 1) as a general NDR suspension, not stating a reason for the out of state suspension and 2) a specific notification indicating the reason for the suspension, that is OUI.
The recent change has occurred in the manner in which the Registry addresses the General NDR suspensions. Basically, the Registry has placed the burden on the Massachusetts resident not only show that the other states’ suspension has been cleared, but the reasons for the out of state suspension, this was not required before. Thus, if the out of suspension is for a OUI/DUI/DWI, then Massachusetts will suspend your license for a first offense OUI for one year, even if your license has been reinstated in the state you were caught for drunk driving. The most troubling aspect of this change is that the OUI/DUI/DWI for which you are now suspended in Massachusetts could have occurred years ago; the Massachusetts Registry does not care. Additionally, in order to reduce the suspension from one year to 45 days and hardship eligibility, you may have to enter into an alcohol program, again even if the offense was years ago.
Through the Board of appeals and the eventually the Superior Court, Attorney Milligan intends upon addressing these issues to avoid unfair and unduly harsh penalties for out of state offenses here in Massachusetts.
Lindsey O'Neill is the Director of Legal Content and Strategic Development at LawInfo.com. Ms. O'Neill is a California licensed attorney based in La Jolla and experienced in a wide variety of legal and business matters.