Massachusetts DUI Law : Mass Lawyer & Attorney for Drunk Driving Arrests in Boston, Worcester, Framingham

The Board of Appeal of the Massachusetts Division of Insurance has the authority to grant hardship licenses, even when the Mass. RMV has refused to do so. The majority of appeals which the Board hears are Massachusetts DUI License suspensions. A large number of appellants have contacted me for assistance after they made the mistake of trying to represent themselves before the Board of Appeal and lost. Once this happens, for all practical purposes, the only recourse is to seek reconsideration or permission to file a new appeal with the Board. Although it is technically possible to appeal further to superior court, these appeals almost always fail. Under Massachusetts law, the Board is vested with a wide latitude and discretion in DUI hardship license cases. When it comes to the issuance of a hardship license to a DUI offender, the Board of Appeal is extremely circumspect and judicious. The Board denies more hardship license applicants than it approves.

The two biggest mistakes that people make when trying to get a hardship license at the Board of Appeals is appealing too early and appearing before the Board unprepared, without a lawyer. Massachusetts DUI license suspensions are statutory and the law specifies when someone can be considered for a hardship license. DUI second offenders must serve 1 year of the 2 year license suspensions, 3rd offenders must serve 2 years of the 8 year loss of license, and OUI 4th offenders must serve 5 years of the 10 year DUI license revocation. Appearing before the Board too soon is generally not a good idea and the Board generally requires appellants to serve the minimum suspension periods listed above.

Secondly, trying to represent yourself before the Board can result in a denial of hardship license relief. Many who come before the Board without a lawyer do not know what to expect at their Board of Appeal hearing and they have not adequately prepared their cases. Most are exceptionally nervous and they cannot convey, to the Board of Appeal, the key points that will put them back on the road. They are unable to adequately document and present a significant hardship or they cannot convince the Board that their problems have been brought under control, such that they do not present a risk to public safety.

Both of these problems can be avoided by hiring a lawyer who specializes in Massachusetts Board of Appeal cases before filing your appeal. It is a misconception that a hardship license applicant has “nothing to lose” by going before the Board of Appeal too early, unprepared, or unrepresented. In speaking with desperate clients who contact me after they represented themselves and lost their cases, I have seen firsthand the outcome of many of these cases.
 

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This post will explain the eligibility requirements and benefits of the Massachusetts DUI First Offender Program, which is commonly referred to as the 24D Program.

The Mass. 24D First Offender program allows Massachusetts OUI First Offenders to reduce the statutory one year license suspension for first offenders and, sometimes, the 2 year license suspension for second offense DUI to either 45 or 90 days. It also allows for participants to apply for a hardship license upon confirmation of enrollment in the 24D 16 Week Outpatient Alcohol Education Program.

The 24D program allows qualified first and second offenders to apply for a hardship license during the 180 day or 3 year breathalyzer refusal suspension period. This is the one exception to the rule that no hardship license can be issued while a chemical test refusal suspension is in effect.

A 24D disposition involves being placed on probation for at least one and up to two years and being assigned to a 16 week out-patient alcohol education program. If 24D participants fail to complete or drop out of the alcohol program, the Registry will likely take action against the individual’s driver’s license. The program also requires the payment of costs, fines, and fees.

Because of the ability to apply for a hardship license almost immediately after enrollment into alcohol education classes, the 24D program is oftentimes a desirable outcome, especially for repeat DUI offenders. However, the program is limited to first offenders and those second offenders whose first OUI conviction is 10 or more years prior to their second offense. Second offenders with sufficiently old first offenses may therefore be edible for what is known as a “second chance first offender” disposition. There is absolutely no way for a 3rd, 4th, or 5th OUI offender to get the first offender program. Even if a court awarded a 24D disposition in such a case, the Registry could legally refuse to reduce any suspension or consider the individual for a hardship license.

Please contact me if you have any questions regarding the Massachusetts 24D First Offender Program.
 

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Many Massachusetts license holders contact me after the Mass. RMV has informed them that they will need to use a certified breath alcohol ignition interlock device in any vehicle which the own, lease , or drive. This requirement must remain in place during any Massachusetts hardship license and for 2 years after the driver gets the restricted hours removed from his or her license. Not a week goes by where someone does not question whether, in their particular situation, the use of an ignition interlock device is really required.

In this post, I will explain the Registry's Ignition Interlock requirement.

Breath alcohol ignition interlock devices are lockout devices which prevent a vehicle from starting if the driver’s blood alcohol registers above .02. To insure that the driver did not have someone else blow into his or her device, the interlock device requires drivers to provide breath samples at random intervals while the vehicle is being driven.

Ignition interlock devices are required, by Melanie’s Law, to be used by anyone with 2 or more OUI convictions or alcohol program assignments on his or her record who is reinstating a license or coming off of a hardship license after January 1, 2006. In the vast majority of cases, if the Registry of Motor Vehicles states that a driver is interlock-required, there is no way to get around the requirement. Neither the Mass. RMV nor the Board of Appeal will “bend the law” or make exceptions. If you are legally required to have the interlock device, there is no way around it.

Both the Massachusetts Registry of Motor Vehicles and the Board of Appeal view the ignition interlock device as an effective tool which protects the public by physically prohibiting someone who has consumed alcohol from driving. Neither agency has any interest in excusing people from using what its proponents tout as a lifesaving device. In fact, there is legislation pending at the Massachusetts Statehouse which would toughen Melanie’s Law by requiring even first offenders to use the ignition interlock device. It is likely that this legislation will pass. 

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A first offense Massachusetts DUI conviction carries a one year license suspension. However, in most cases, it is possible to reduce this 1 year suspension to 45 days. This license suspension reduction is done under the First Offender Program which is also known as the 24D program. This alternative disposition allows for prompt consideration for hardship licensing and a continuance without a finding of the OUI charge instead of a DUI conviction.

A key component of a 24D disposition is that the driver be placed on probation for not more than two years and that he or she completes a 16 week out-patient driver alcohol education program.

The First Offender Driver Alcohol Education Program costs approximately $600.00 and consists of 40 hours of classes over a 16 week period. It is a psycho-educational program which is designed to reduce DUI recidivism by increasing the knowledge of drinking behavior and the dangers associated with operating under the influence. The 24D program begins with an evaluation and intake, after which clients are given enrollment confirmation which they may use to apply for a hardship license. The 24D first offender program uses an educational rehabilitation model which is comprised of 32 hours of group sessions, 4 hours of AA attendance, and 4 hours of attendance at an approved victims forum. If a client drops out of the 24D program, the Registry of Motor Vehicles will immediately revoke any hardship license. At the conclusion of the program, an exit interview is conducted and the client is advised about steps additional treatment and aftercare options, if necessary. Clients are provided with a certificate of completion which can be introduced at Registry of Motor Vehicles and Board of Appeal hardship license hearings.

The 24D program is offered by licensed treatment providers at locations throughout Massachusetts. Probation Departments will provide program information when the First Offender Program is granted by the court.

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Under Melanie’s Law, all second or subsequent DUI offenders are required to have an approved ignition interlock device installed in any vehicle which the DUI offender owns, operates, or leases. This requirement applies to DUI suspensions which were imposed on or after January 1, 2006, the effective date of the ignition interlock provision of Melanie’s Law. Interlock devices produced by Consumer Safety Technology (CST), Draeger, Guardian, LifeSafer Interlock, Sens-O-Lock, and Smart Start.

Interlock is required for any hardship or full license issued as a result of a second or subsequent DUI offense. Ignition interlock required drivers must have the device installed for the entire term of any hardship license and for a two year period after getting a full license reinstatement.

The ignition interlock installation is a multi-step process which begins with obtaining clearance to drive, either with a Massachusetts hardship or full license. This clearance is obtained by going to a hearing, either at the Registry of Motor Vehicles or Board of Appeal. Once the driver is approved for either a hardship or full license, the driver must go to the Registry of Motor Vehicles to begin the ignition interlock installation procedure. This process begins by meeting with a Registry Hearing Officer who will review the driver’s record and confirm that he or she is eligible for either a full license reinstatement or a hardship license.

Once the Registry Hearings Officer confirms eligibility, he or she will give the driver an “ignition interlock package.” This package contains forms and affidavits which must be signed in the presence of a notary public. Also included in this package is a list of approved ignition interlock instillation locations. The driver should select an ignition interlock vendor and bring his or her vehicle to the installation location so that the device can be installed. While the device is being installed, the user will receive training on how to operate the device.

Once installation is complete, the driver should bring proof of installation to a Registry of Motor Vehicles hearing officer. The hearing officer will then issue the driver a license with a Z (ignition interlock) restriction. The driver can now legally drive his or her interlock equipped motor vehicle.

In cases where the driver does not own a vehicle and/or needs to get insurance, he or she should have the vehicle towed to the installation facility or driven there with a general registration plate, such a dealer plate. The driver would then have the device installed, get his or her license reinstated by showing proof of installation to a RMV hearing officer, go to his or her insurance company with the RMV-1 form, show the insurance agent that he or she is now licensed, get the RMV-1 form stamped by the insurance company, go back to the RMV and get the vehicle registered, and finally return to the ignition interlock facility and put the new plates on the vehicle.

Interlock required drivers who live out of state can have the device removed, or not installed, so long as they prove out of state residency and sign an affidavit stating that they live out of state and will not drive in Massachusetts without the ignition interlock device.

For interlock-required drivers who live in Massachusetts, there are no absolutely exceptions or ways to avoid the ignition interlock device. If a driver is legally interlock required, he or she must have the device for a minimum of 2 years. If there are violations, the Registry will extend the interlock requirement for a minimum of 6 months.

Interlock required drivers must have the device inspected, maintained, and monitored monthly. If the results of the monthly monitoring show certain alcohol readings, the driver will be called into the Registry of Motor Vehicles for an interlock violation hearing, which could result in a 10 year or lifetime license suspension. If you are facing an ignition interlock violation, please contact me. I have an outstanding track record in the area of interlock violation appeals and I have proven that the ignition interlock device is unreliable and registers false positive readings.

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I often get inquiries regarding the consequences of out of state DUI convictions for Massachusetts residents. Because of the interplay between the Massachusetts DUI law and the other state’s laws, getting a hardship license or a full reinstatement in this situation can be complicated and confusing.

Here are the steps which you must follow:

First, you have to clear the out of state license suspension. This is also known as the National Driver Registry or NDR suspension. The NDR is a nationwide database of license suspension and revocation information. It allows states to exchange information regarding drivers who are suspended or revoked. The purpose of the National Driver Registry is to prevent drivers who are suspended or revoked in one state from getting a license in another state. You can clear the NDR revocation in Massachusetts by providing the following three items to the Massachusetts Registry of Motor Vehicles - all documents must be originals, on letterhead, and not more than thirty (30) days old.

1. You need to provide a certified copy of your driving record in the other state. You can usually request this on-line.
2. Then, you must provide a clearance letter from the other state’s Registry, RMV, or Department of Motor Vehicles stating that you are clear to drive again in that state.
3. Lastly, you must provide a certified copy of the court docket from the other state showing the charges and the result.

Once you provide the above-listed three documents to the Mass. RMV, the NDR suspension will be taken off of your license. However, the law requires the Registry to treat out of state offenses committed by Massachusetts license holders or residents as if they had occurred in Massachusetts. This means that the Registry of Motor Vehicles will penalize you for the out of state OUI as if it had occurred in Massachusetts. The same holds true for other motor vehicle violations such as driving to endanger, and driving on a suspended or revoked license. All of these offenses will trigger automatic Massachusetts license suspensions. These Massachusetts suspensions will be in addition to any suspensions or revocations imposed in the other state.

For example, if you were arrested for First Offense DWI in New Hampshire and you either had a Massachusetts license or you were a Massachusetts resident, the New Hampshire DMV will automatically notify Massachusetts that your right to drive in New Hampshire has been suspended. This electronic notification will trigger the Massachusetts RMV to automatically send a letter to you stating that your Massachusetts License will be suspended because of the New Hampshire NDR suspension.

Once you clear the suspension by providing the three documents listed above, the Massachusetts Registry of Motor Vehicles will remove the NDR suspension from your record and suspend your license for one (1) year for the New Hampshire DUI. This one year DUI suspension will be in addition to any other suspension or penalty imposed by New Hampshire.

It may be possible to reduce this one year suspension to 45 days, with the ability to get a Massachusetts Hardship License. However, in cases involving out of state DUI charges, the Massachusetts Registry will not consider any hardship license unless and until you have completed the required alcohol program. It does not matter whether you take the program in another state or here in Massachusetts. If the DUI occurred in another state, the Registry will not grant any hardship license until the program has been completed.

As you can see an out of state DUI can have very harsh consequences in Massachusetts. However, with skilled legal representation, you can increase your chances of getting a hardship license or reducing the length of your out of state DUI license suspension.  

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