A drunk driving charge in another state doesn’t stay neatly boxed up across state lines. If you hold a Massachusetts license and get an out-of-state OUI, the RMV will likely find out about it quickly.
What happens next can catch even experienced drivers off guard: your Massachusetts license may be suspended, penalties can escalate, and resolving the issue is rarely as simple as mailing in a fine.
In this article, you’ll get a clear, step-by-step breakdown of how out-of-state OUI cases affect your license, the laws behind the RMV’s decisions, and common traps that delay getting your license back.
Legal Basis for Reciprocal Suspensions
Massachusetts enforces reciprocal suspensions under state law, which means the RMV can treat an out-of-state OUI as if it occurred in Massachusetts.
Massachusetts General Law c.90 §22(c): The registrar shall suspend the license of any person convicted in another state of an offense that would be grounds for suspension in Massachusetts, as if the offense had occurred within the commonwealth.
This authority is strengthened by agreements like the Driver License Compact (DLC) and Non-Resident Violator Compact (NRVC), along with data from the National Driver Register (NDR).
When another state reports a suspension or conviction, the RMV can block your license renewal or issue a suspension until the matter is resolved.
What Triggers RMV Action in Massachusetts
The Massachusetts RMV can suspend or restrict your license for several types of out-of-state incidents that fall under its reciprocal suspension rules.
These include:
- A conviction for OUI or DUI in another state
- An administrative license suspension for refusing a breath or chemical test
- Being assigned to complete an alcohol education or treatment program
- Other driving-related offenses that are considered “substantially similar” to Massachusetts OUI laws
Even if the case in the other state did not result in a formal criminal conviction, specific administrative actions such as a chemical test refusal can still trigger a suspension in Massachusetts.
The RMV does not have to wait for a guilty verdict before acting on your driving privileges.
Step-by-Step: Clearing an Out-of-State OUI Suspension
Clearing your Massachusetts license after an out-of-state OUI involves more than just waiting for the other state to finish its process.
According to the RMV, an out-of-state alcohol program assignment shall be treated as a conviction for purposes of license suspension.
- Fully resolve the suspension in the other state by completing all required penalties, programs, and fees.
- Obtain a clearance letter or recent motor vehicle record (MVR) from that state. The RMV requires this document to be issued within the last 30 days.
- Submit the clearance documentation to the Massachusetts RMV, either in person or through their online portal. Be prepared to pay the reinstatement fee, typically $100.
- Complete any Massachusetts-specific requirements, such as installing an Ignition Interlock Device (IID) or providing proof of program completion.
Outdated or incomplete paperwork will delay your reinstatement, so be sure everything is accurate and current before you apply.
Impact on Offense Counting
Massachusetts uses a lifetime lookback for OUI offenses. This means an OUI from 20 years ago, whether it happened in-state or out-of-state, can still affect the penalty level for a new charge.
For instance, if you had a first-offense OUI in New Hampshire and are later charged with OUI in Massachusetts, the new case would be treated as a second offense.
This can lead to harsher fines, longer license suspensions, and a higher likelihood of being required to install an Ignition Interlock Device (IID).
IID and Compliance Requirements
Under Melanie’s Law, some drivers must install an Ignition Interlock Device (IID) before their Massachusetts license can be reinstated. If you have already served IID time in another state, Massachusetts may grant credit for that time, but only if certain conditions are met.
The IID must have been installed by a vendor approved in Massachusetts. The other state’s requirements must match Massachusetts standards for monitoring, reporting, and compliance.
You must also provide clear proof that you met those out-of-state IID obligations. Without this documentation, the RMV may require you to restart the IID period.
Special Considerations for CDL Holders
Commercial drivers face stricter consequences under both federal law and M.G.L. c.90F §9:
- First major offense (such as OUI) results in a one-year CDL disqualification.
- Second major offense leads to a lifetime CDL disqualification.
- No hardship licenses are available for CDL holders during a disqualification period.
For more details, see the federal rules here: 49 CFR 383.51.
Appeals Process
If you believe your license suspension was issued in error, you can request a hearing before an RMV hearing officer. If the RMV upholds the decision, you can file an appeal with the Board of Appeals.
540 CMR 9.00 outlines the hearing procedures before the RMV and the Board of Appeals.
While appeals can succeed in some cases, they often require a detailed understanding of both Massachusetts laws and the laws of the state where the offense occurred.
These appeals often require in-depth knowledge of both Massachusetts law and the laws of the state where the offense occurred. Having legal guidance can make a critical difference.
FAQs
Can Massachusetts suspend my license for an OUI in another state?
Yes. Under M.G.L. c.90 §22(c), the RMV can suspend your license by treating certain out-of-state OUIs as if committed in Massachusetts.
What is a reciprocal suspension clearance letter?
The other state issues a clearance letter to confirm your driving privileges have been restored and no active suspension remains.
Will I have to install an IID in MA after an out-of-state OUI?
Yes, if Massachusetts law or your reinstatement terms require it, even if you have already served IID time elsewhere.
Does an out-of-state OUI count as a prior offense in MA?
Yes. Massachusetts uses a lifetime lookback, so prior out-of-state OUIs can increase penalties for a new Massachusetts OUI conviction.
How does this affect CDL holders?
CDL holders face strict federal and state rules, including a one-year disqualification for a first major offense and a lifetime loss for a second.
Get Your Free Consultation
Conclusion
An out-of-state OUI is not just another state’s problem; it can change your driving record and your rights in Massachusetts for years. The RMV treats these cases seriously, applying the same penalties as if the offense happened within the Commonwealth.
That means the sooner you understand your obligations, clear the other state’s hold, and meet Massachusetts’ requirements, the faster you can get back on the road.
If you want clear answers and a plan that works, Riccio Law can guide you through both states’ requirements so you can protect your record and get back behind the wheel. Book a consultation to find out your next best step.
