Category Archives: Lifetime Revocation

Mass. DUI Convictions & CDL Suspensions

Posted by Brian Simoneau on April 16, 2011 980 comments

commercial driver's license suspensionsBecause of the Commercial Motor Vehicle Safety Act (CMVSA) and G.L. c. 90F § 9, a breathalyzer refusal or DUI conviction can have severe consequences for truck drivers and other Commercial Driver’s License (CDL) holders. If you depend on a CDL for your livelihood, you should consult with an experienced DWI attorney.

For example, a first offense drunk driving conviction or breathalyzer refusal will result in an automatic 1 year CDL license suspension or disqualification. A second offense DUI conviction or chemical test refusal will result in a lifetime CDL suspension and disqualification. Breathalyzer refusals and convictions arising out of the same incident will count as a single violation for CDL suspension and disqualification purposes.

Also CDL licensees convicted of driving a CMV with an BAC of 0.04 or greater will have his CDL suspended for one to three years for a first conviction, depending on whether he is transporting hazardous materials.
The Massachusetts Registry and other DMVs check and contribute data to the National Driver Register, to find and document violations which trigger CDL suspensions and disqualifications.

Federal regulations define “conviction” as “an un-vacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative tribunal, an un-vacated forfeiture of bail or collateral deposited to secure the person’s appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or probated. ”

States are prohibited from masking, deferring adjudication, or allowing an individual to enter into a diversion program that would prevent a conviction for any violation, in either a CDL vehicle or passenger car, of any motor vehicle law (except a parking violation) from appearing on the driver’s record. This means that a continuance without a finding, CWOF, or admission to sufficient facts will count as a conviction under the CDL law.

In some cases, it is possible to reduce or eliminate CDL license suspensions and I have personally assisted a large number of CDL drivers with the reinstatements of their licenses. Contact me today for a free consultation and review of your case.

Mass. Appeals Court Upholds Lifetime DUI Revocation

Posted by Attorney Brian E. Simoneau on March 2, 2011 769 comments

In the case of Kelly v. Board of Appeal on Motor Vehicle Liability Policies and Bonds & the Registry of Motor Vehicles,  2010 WL 290502, January 27, 2010, No. 09-P-305, the Massachusetts Appeals court upheld the lifetime DUI revocation of Kelly’s Massachusetts Driver’s License.
Kelly had 5 DUI convictions. However, at his trial for the 5th DUI offense, the court only found him “guilty to so much of the complaint as alleges a 1st [OUI] offense.” In his appeal, Kelly claimed that that the lifetime 5th offense DUI suspension of his driver’s license by the Registry of Motor Vehicles was improper because the judge found him guilty of a first offense DUI, not a fifth offense as charged.

The Mass. Appeals Court summarily dismissed Kelly’s argument. The court agreed with the reasons cited by the superior court judge who upheld the lifetime loss of license. The law on 5th offenders states clearly that if a person has been  convicted of or assigned to an alcohol or drug treatment program 5 or more times, “such person’s license or right to operate a motor vehicle shall be revoked for the life of such person…” Thus, whether or not the court treated the DUI as a first or 5th offense does not matter at all. If the official records of the Registry show 4 prior offenses, the DUI defendant’s license will automatically be revoked for life. It may, however, be possible to obtain a hardship license.

In lifetime DUI license revocation cases, no hardship license application should be made unless and until the applicant has serve at least 5 years of the lifetime revocation.