The National Driver Register

Whenever you apply for a Massachusetts Driver’s License, learner’s permit, hardship license or renewal, the Registry will check the Problem Driver Pointer System (PDPS) to see if there is a matching record. The RMV may also check the database at other times, such as if you apply for a duplicate license or if you are appearing before the Board of Appeal for a hearing. The PDPS connects the Registry of Motor Vehicles to the National Driver Register (NDR), which is a computerized nationwide database of drivers who have lost their privileges due to operating under the influence, license fraud, being a habitual traffic offender, or some other similar suspension reason. All Registry Hearings Officers can perform National Driver Register Inquiry Checks on customers who appear before them.

The NDR system only pertains to passenger car licenses. There is a separate system known as the Commercial Driver Licensing Information System (CDLIS) which contains suspension, revocation, and denial information for CDL holders.

If a match is found between your name and date of birth and a record in the National Driver Register, the Registry will deny your license or learner’s permit application. If you already have a Massachusetts Driver’s License, the RMV will indefinitely suspend or revoke it until you meet certain reinstatement requirements. The Registry considers a match to have occurred when the first 4 letters in the last name, the first 3 letters in the first name, and the first letter in the middle name, as well as the date of birth, match with the information contained in the Registry’s computer.

When an NDR match is found, information is electronically obtained from the state where the suspension originated and the Mass. RMV will send out a suspension letter, advising the customer of the indefinite loss of his or her license in Massachusetts.

You can clear NDR suspensions by providing a recent driving record and clearance letter issued from the motor vehicle department which has you blocked in the NDR. In some cases, particularly those involving DUI convictions, the Registry will require you to provide court records showing the charges, outcome, offense date, and conviction date. Any records provided to the RMV to clear an out of state suspension cannot be more than 30 days old.

Clearing NDR suspensions can be frustrating and lead to other problems, because the Registry will treat out of state offenses as if they had occurred in Massachusetts. Therefore, an out of state conviction can result in the suspension of your Mass. license and other consequences such as an insurance premium increase. An out of sate infraction may be treated as a surchargeable event in Massachusetts and an out of state DUI conviction will count against you just as if it was a Massachusetts operating under the influence conviction.

If you need help clearing a National Driver Register Suspension, please call for a free consultation and review of your situation. After speaking with a lawyer, you will know exactly where you stand and what an attorney may be able to do to help.

Breathalyzer Refusal & Hardship Licensing Q&A

Question:

Hello – I received my 2nd OUI in March of 2013 and the case was settled in July of 2013. I blew into the Breathalyzer the first time but not the second. I am interested to find out if I can do anything to help me get back my license before the 5 years the registry says.

Answer:

You cannot be considered for a 12 hour hardship license, or any license for that matter, unless and until you serve the 3 year chemical test refusal suspension. The only exception to this rule is if you were granted a second chance first offender disposition, which you were not. These are only granted when the 1st offense is more than 10 years old.

Thanks for getting back to me.  What you say below is exactly what the paper I have says.  While at the DUIL program one thing that was clear was that different registry’s have different rules.  A few people mentioned some sort of loophole that might allow you to be considered earlier since I took the breathalyzer on the first and not the second.  Specifically, they said to wait one and a half years before applying for the hardship?  Also, I talked to a hearing officer at the Boston registry in September and gave him the paper showing the 3 year chemical test suspension and asked what I could do and when I could apply for a temporary license.  He said wait one year, complete DUIL and the 24D aftercare then come apply.  Obviosuly I am trying to tilt things in my favor but I would also like to get an accurate estimate of when I might expect the license back because it effects so many thing (job, my kids, where we live,ect…).  In your experience is there anything we might do

There’s absolutely no way to get a hardship license in this situation while the 3 year chemical test refusal suspension is running. The Registry will not consider you for hardship relief and neither will the Board of Appeal.

The Board of Appeal states as follows: “All Breathalyzer/Chemical Test Refusal (CTR) revocations must be appealed through the court system (District Court) or addressed directly to the RMV. The Board does not have jurisdiction to hear CTR appeals”