Articles Posted in Subsequent Offense OUI/DUI

How does the RMV in Massachusetts determine if an out-of-state DUI conviction should count as a prior offense in Massachusetts?  When a motorist is charged with an OUI offense in Massachusetts, the offense level is determined by the number of prior offenses that the person has in their lifetime. This includes out-of-state offenses.

Prior offenses from another State count as a prior offense in Massachusetts if the DUI law in that state is substantially similar to Massachusetts OUI laws, which are contained in Chapter 90 Section 24.

Does a DUI Conviction in New York Count as a prior offense in Massachusetts?

Under Massachusetts OUI law, there is a lifetime look back for prior OUI offenses. This simply means that the level of offense you will be charged with will be based on the total number of OUI convictions you have in your lifetime. It is important when you speak to an OUI Lawyer in Massachusetts that you tell your attorney about all prior convictions you have even if unknown to the district attorney.

Those convictions can be taken from Massachusetts or from any other state where the conviction is for a DUI. The only issue is whether the offense for a DUI in another state is similar to our statute, which we refer to as an OUI. For Example, if a motorist was convicted of DWI in Georgia 7 years ago, but this fact is unknown to the district attorney, even though the offense would be considered a first offense by the court, the RMV would treat the offense as a second offense.

Some states have a look back for prior offenses, meaning that in those states those courts will only consider a prior offense if it happened within a certain time period. The time period varies with the State, it could be five years, some states use 10 or 15 years.

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