Proof of Prior Offenses in Massachusetts DUI Cases
Each Massachusetts DUI 2nd or subsequent offense case essentially contains two cases, with each tried separately. First, the prosecution must prove beyond a reasonable doubt that the defendant operated a motor vehicle under the influence of intoxicating liquor on a public way or a road where the public had a right of access.
The second part of a second or subsequent offense Massachusetts OUI case requires the prosecution to prove that the OUI defendant had been previously convicted of OUI. The prosecution must prove each prior OUI offense. Thus, if the prosecution can prove only the current OUI case, and not the prior convictions, a 2nd or subsequent offender may only be found guilty of a first offense.
It should be noted that even in cases where a second or subsequent offender is only found guilty of a first offense DUI, due to lack of proof of prior convictions, the Massachusetts Registry of Motor Vehicles may still treat the individual as a 2nd or subsequent offender. The sufficiency of evidence proving prior DUI convictions can be challenged by filing for a hearing before the RMV Board of Appeal. The Board has the power to review prior OUI convictions and determine the proper length of DUI license suspensions.
When counting prior DUI offenses, those committed anywhere in the world can legally be counted against a Massachusetts DUI defendant. This includes similar offenses such as Driving While Alcohol Impaired (DWAI), a common charge in New York and Colorado.
In Massachusetts DUI trials, the prosecution can prove prior offenses by introducing originals or certified attested copies of court papers, probation records, and records from correctional facilities. Under Melanie’s Law, the documents are self-authenticating and no live witness testimony is required. It is sometimes possible to avoid a DUI second or subsequent offender conviction in cases where the documents contain insufficient biographical information for the court to determine that the individual named in the documents is the same individual who is on trial for DUI 2nd or subsequent offense. Biographical information which is customarily considered includes: name, date of birth, social security number, address, gender, and race.
DUI defense lawyers should raise lack of identification as an issue in 2nd or subsequent offense DUI cases if it appears that the information identifying the defendant in the prior cases is insufficient. This DUI defense tactic may save the Massachusetts DUI defendant from enhanced penalties.
