Tag Archives: DUI Convictions

DWAI Convictions are the same as Mass. DUI Convictions

Posted by Attorney Brian E. Simoneau on March 2, 2011 695 comments

The Massachusetts License Suspension Law requires that whenever a Massachusetts resident or license holder is convicted of a crime in another jurisdiction, the Registry must treat the offense as if it had been committed here in Massachusetts, for license suspension purposes.

One issue which often arises because of the above-cited law is whether or not lesser forms of operating under the influence of intoxicating liquor such as Driving While Alcohol Impaired (DWAI) is similar enough to the Massachusetts offense of OUI to be treated as such by the Mass. RMV and Board of Appeal. This situation comes up where Massachusetts residents and/or license holders are cited in New York and Colorado, both states which often allow DUI charges to be reduced to DWAI.

In the case of Brestien v. Board of Appeal, which was published today, the Massachusetts Appeals Court ruled that the Colorado offense of DWAI is sufficiently similar to the Massachusetts offense of DUI so that it should be treated as such for license suspension purposes. The Mass. Appeals Court reached this conclusion because both the Massachusetts and Colorado statues require proof that a driver’s ability to drive is impaired by alcohol.

 

DUI Convictions, Accidents, & Tickets Sharply Increase Insurance Rates

Posted by Attorney Brian E. Simoneau on March 2, 2011 474 comments

Under the Massachusetts Safe Driver Insurance Plan, insurance companies sharply increase automobile insurance rates for those who have been convicted of drunk driving, operating after suspension, driving to endanger, or a variety of other traffic violations. Insurance companies will also increase your car insurance rates for 6 years if you have been found to be more than 50% at fault in a motor vehicle accident, no matter where the accident occurred. Massachusetts car insurance surcharges can cost thousands of dollars for those who have any DUI convictions, surchargeable accidents, or traffic tickets on their driving records.

One of the ways to avoid these expensive surcharges is to win your DUI case and appeal any citations and at fault accidents with the help of a surcharge appeal lawyer. My office is committed to helping our clients keep their insurance rates down by fighting DUI cases and other automobile surchargable events. Motorists have 20 days to appeal a civil motor vehicle citation and 30 days to appeal car accident surcharges. The instructions for both of these types of appeals are printed on the back of the traffic ticket or surcharge notice. Massachusetts surcharge appeal lawyers are available to help.