In order to convict a person of a subsequent offense OUI in Massachusetts, the Commonwealth must prove, beyond a reasonable doubt, that the drunk driving defendant is the same person named in the records showing prior DUI conviction(s). Without other corroborating evidence, name alone is insufficient. However, where there is a correlation of not only the defendant’s name, but also the defendant’s date of birth and prior addresses, in Registry and/or court records, the judge can draw the reasonable inference that the person named in the prior conviction records and the DUI defendant are one in the same person.
This is a critical issue when it comes to determining the particular sentence to be imposed, as the law treats repeat DUI offenders more harshly than first offenders. However, the inability to prove prior offense(s) in court has nothing to do with the license suspension which a DUI conviction will trigger. The Registry makes a determination independent of the courts regarding prior convictions. Once that determination is made, the DUI suspension is governed by law. Thus, is entirely possible to be convicted as a first offender in court and have the Registry treat you as a second, third, or fourth offender, for the purposes of license suspensions and revocations.
Also, whether or not the court found you guilty as a repeat offender, if the Registry records show a prior DUI conviction or alcohol program assignment, you will be ignition interlock required.
It is important to remember that the “beyond a reasonable doubt” standard does not apply to the Registry. Instead, the Registry’s records are presumed to be correct. A good DUI lawyer may be able to overcome this presumption, by presenting evidence, in the form of certified court documents and probation records, to contradict the contents of the RMV record.
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