Inquiry: I am inquiring on behalf of my son who had an operating under the influence (OUI) offense in April of 2013. It was marked as a second offense, although his first offense was 25 years ago when he was 21 years old. He is a full time marine mechanic and self-employed, needs his driver’s license to service his customers, haul boats, make money for his child support and to pick up and drop off his children for his visits with them. He was given a 45 days loss of license and 1 year probation and he had to attend alcohol school. Probation is up in April. He did complete the 24D alcohol course and his 45 day license suspension. It is my understanding that his penalty was what is handed out for a first offense. He does not have the money for several ignition interlock devices for his work truck, personal SUV to pick up his children and to haul customers boats for the various marinas that he contracts with. Is there any way to appeal the ignition interlock order, get him a hardship license or anything else so he can work and support his children? He really needs to do something about this soon, as March 1st starts the boating season for 2014 and he needs to be able to work. Thank you.
Answer: There are absolutely no exceptions to the ignition interlock requirement. Anyone whose license was suspended for OUI on or after January 1, 2006 who has a prior OUI conviction or alcohol program assignment is IID required for at least 2 years after getting a full license reinstatement and there is nothing that can be done to get around this requirement.
This story shows how an old out of state OUI conviction can catch up with you in Massachusetts and cause the Registry to suspend your driver’s license.
I went down to the RMV in Revere, MA to add on a Hazmat endorsement on 12/11/13 and they told me I had citation pending in Georgia and I couldn’t get it until I had that cleared up. I called Turner County and the Judge their sent me a stamped letter with the seal saying this matter was cleared up. Then she called Atlanta DMV and told them to clear it out of the computer so everything will be all set. Atlanta called me on 12/13/13 and told me the matter was taken care of. I went in on 12/18 to take the test for my hazmat endorsement. I asked the clerk if we were good she said yes. I took the test but I didn’t pass. I figured I would study harder and come back another time and take it. Fast forward to 1/30/14. I went to Saugus square one mall to get an EZPass cause I plan on taking a trip to see my Dad in Atlanta. The lady at the EZpass place tells me my license has been revoked. What!!! I say of course. She says yep and of course she doesn’t know why. I go downtown this time to the DMV and I go and see a guy named Richard. He tells me that when I was in Revere they was supposed to tell me to go and see him from the get go and I now have to call Georgia DMV and get them to fax him a letter stating the date everything was cleared before 1/11/14. Which I already presented a letter stating this situation was cleared up. And he also says that his computer screen is telling him to tell me that I have to present him a letter from Alabama OUI i got in 8/1994 so he can put that back into the system which I received that OUI when I had a regular license not a CDL. He told me I had to call Alabama and get the court disposition with offense date, judgment date, charge, and finding or I had to get a complete driving record from Alabama showing OUI offense. My last driving record I received from Mass DMV said nothing and was clean no charges or offenses on it at all and I got that back in August of 2013. I’m just wondering why he is making me go through all this stuff when I did what they asked me to do so why in the hell did they not tell me all this the first time it seems a little shady to me. So I just wanted to know is there any way possible you could help me with my situation, because right now my license is suspended and I feel like it wouldn’t have if the Registry came through with the truth.
The Registry is requiring the driver to produce “proof of findings” regarding the out of state OUI offense in Alabama and the RMV hearings officer will not clear the NDR suspension until the driver produces the records from Alabama showing the OUI. The Registry will add that OUI onto his Massachusetts Driving Record. If he was on a Mass. License at the time of the offense or if he was a Mass. resident, once this is added to his record, he will have a 1 year OUI suspension and a 1 year suspension of his commercial driver’s license. A Registry Lawyer may be able to get the suspensions reduced or eliminated by appealing them.