Clients routinely ask about what effect an out of state DUI will have on their Massachusetts license. This article answer this common question.

First, under reciprocity, if someone’s right to drive is suspended or revoked in one state, the Registry or DMV in the person's home state is licensed is required to suspend or revoked the person's license there. For example, if live in Massachusetts and your right to drive is suspended in New York, the Mass. RMV is required to suspend your Massachusetts license until you are clear to drive again in New York. Registries and Motor Vehicle Departments notify each other of these suspensions through the National Driver Registry. This practice of suspended a driver in his or her home state when the driver’s right to operate is suspended elsewhere was created to prevent drivers from escaping the consequences of an out of state violation. There is absolutely no ability to get a hardship license while on a NDR license suspension.

You can clear a National Driver Registry suspension with the Massachusetts Registry of Motor Vehicles by providing the following 3 Documents to the RMV:

1. A clearance letter on letterhead which states that your license has been reinstated in the other state
   
2. A certified copy of your driving record from the other state
   
3. A certified copy of the court docket showing the outcome of any criminal charges in the other state

All documents must be originals and not less than 30 days old. When these documents are presented at a Massachusetts RMV Suspension Hearing, the Registry Hearings Officer will remove the NDR suspension or revocation from your Massachusetts License.

The Massachusetts Registry is required by law to revoke your Massachusetts License anytime your right to drive is suspended or revoked in another state. You absolutely cannot get a Mass. hardship license, work license, or a Cinderella license on an out of state revocation. In order to get your Massachusetts driver's license back, you must obtain the following items from the other state and provide them at your Massachusetts License Reinstatement hearing:

1. A certified copy of your driving record from the other state.
2. A clearance letter on letterhead, from the other state's Registry, Department of Motor Vehicles, or DMV. The letter should state that your right to operate has been reisntated and that you are clear to drive.
3. If your license was revoked due to a criminal offense, such as DWI, DUI, OUI, DWAI, Drunk Driving, Reckless Driving, Operating to endanger, vehicular homicide, or a breathalyzer refusal, you will need a certified copy of the court docket from the out of state court where your case was heard. The docket should state the charges and the outcome.

All documents must be originals, dated not more than 30 days from your Massachusetts Registry of Motor Vehicles Hearing date. These documents will clear your National Driver Registry (NDR) indefinite suspension in Massachusetts. Your Mass. license will remain suspended unless and until your provide the above-listed documents to the RMV.

However, providing the above-listed documents to the Mass. RMV may trigger another license suspension. If you were licensed in Massachusetts or a Massachusetts resident at the time you were convicted of an out of state offense, the Mass. RMV is required by law to treat the offense as if it has occurred in Massachusetts. For example, if you committed a first offense out of state DUI, the Massachusetts Registry would revoke your license indefinitely until you met all of your obligations in the other state and provided the 3 documents listed above. Then Massachusetts would revoke your license for 1 year for having committed a First Offense DUI. In some cases, it is possible to get this one year revocation reduced to 45 days under the First Offender Program. Contact Attorney Brian E. Simoenau at 508-881-1119 or e-mail attorney@rmvappealcom for more information.