Many drivers and even some lawyers misunderstand the interplay between the courts and the Registry of Motor Vehicles. This lack of understanding often results in bad advice being given and decisions being made regarding drunk driving plea bargains. For example, it is possible for a judge to order only a 45 to 90 day loss of license and for the Registry to impose a 2 year, 8 year, 10 year, or even a lifetime license suspension. The Registry is required to suspend a driver’s license based on his or her record of prior drunk driving convictions or alcohol program assignments, whenever and wherever they occur.
Repeat DUI offenders and Massachusetts DUI lawyers must understand that the Registry simply applies the law to the individual’s driving record. Under this system, which has been upheld on appeal, the drunk driving defendant’s record and not necessarily a court order, if any, will determine the length of the DUI suspension. This important but often misunderstood fact must be carefully considered before “pleading out” to a Massachusetts DUI charge.
Under Melanie’s law, prior drunk driving and driving while alcohol impaired (DWAI) convictions and alcohol program assignments will count against a defendant regardless of whether the person is charged as a first, second, or third DUI offender in court. Prior DUIs will count, for license suspension purposes, no matter how old they are and no matter where the offense occurred. Even if the prior offense could not be proven in court, where the standard is beyond a reasonable doubt, the prior offense will count if it appears in the official records of the Registrar. Also, in combination with other offenses, such as reckless driving, negligent operation, operating after suspension, or leaving the scene of an accident, a Massachusetts DUI conviction or plea bargain may trigger a 4 year habitual traffic offender revocation.
As a Massachusetts hardship license specialist, I have seen numerous cases where a person pleads out to get a short license suspension, based on misinformation or a misunderstanding, only to have the Registry suspend or revoke the person’s license for an unexpectedly long period of time. Do not let this happen to you.
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