 Because of Melanie’s Law prior operating under the influence offenses can count against you, for criminal sentencing, breathalzyer refusal, and license suspension purposes, no matter where a prior DUI offense occurred and no matter when it happened. This means that a DUI offense committed in another state twenty or thirty years ago can, and likely will, be used against you today here in Massachusetts to subject you to enhanced penalties, bigger fines, and a longer license suspension. The best Massachusetts DUI lawyers are aware of this and they will advise their clients accordingly. In the case of Paul G. Bresten vs. Board of Appeal on Motor Vehicle Liability Policies & Bonds, the Massachusetts Appeals Court ruled that an out of state DWAI offense was similar enough to the Mass. offense of operating under the influence of liquor such that the Registry could count Bresten’s Colorado conviction for Driving While Ability Impaired (DWAI) as a Massachusetts DUI for license suspension purposes. This case can be used to increase his DUI license suspensions based on prior offenses.Massachusetts residents and license holders who are charged with out of state drunk driving or related offense will have to deal with both the state where the offense occurred and the Massachusetts Registry of Motor Vehicles. Understanding the interplay between two states can be confusing and frustrating. Contact Attorney Brian E. Simoneau for more information.
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Out of State Violations
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