How to clear an out of state license suspension in Massachusetts
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.
- You need to provide a certified copy of your driving record in the other state. You can usually request this on-line.
- 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.
- 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.
