Paul G. Bresden was arrested for drunk driving in Colorado. He pled out to “driving while ability impaired” (DWAI). When the Massachusetts Registry of Motor Vehicles learned of this plea, it suspended his driver’s license in Massachusetts for one year, because of the Colorado DWAI conviction. This suspension was based on the Mass. statute which requires the Registry to treat out of state offenses as if they had occurred here in Massachusetts for the purposes of license suspensions and reinstatements.
Bresden appealed his suspension to the Board of Appeal and, after a hearing, the Board ruled that the out of state DWAI would count as an operating under the influence conviction and the Registry was correct in suspending Bresden’s license for one year, for a first offense DUI conviction.
Bresten appealed further to the Massachusetts Appeals Court, where he argued that the Board was wrong, because the out of state DWAI conviction was not a DUI or similar enough to trigger the one year license suspension for 1st offense DUI. The Massachusetts Appeals Court disagreed. The Court held that the Colorado offense of DWAI is substantially similar to the Massachusetts offense of OUI because, for a conviction, both statutes require proof that the motor vehicle operator’s ability for clear judgment, physical control, or due care is affected even slightly by alcohol. Therefore, the one year loss of license was valid.
This case has implications which extend beyond first offense DUI cases. Anytime an out of state DWAI conviction appears on a driver’s record, the Registry can consider that offense when calculating a drunk driving license suspension, which is based on prior convictions. Individuals facing Massachusetts drunk driving charges and their Mass. DUI Attorneys representing should be aware of this.
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