OUI Lawyer Michael DelSignore recently prepared a video explaining what happens if you have a Rhode Island license and are charged with OUI in Massachusetts. If you have an out-of-state license, you face potential license suspension both in Massachusetts and in your home state. In the recent video, I reviewed the consequences when your home state is Rhode Island.
If you are found not guilty of OUI in Massachusetts, you will not face any license suspension; it is only when you are found guilty or admit to sufficient facts that you face a license suspension for OUI. In most cases, for a first offense OUI, a person will suffer a 45 days license loss in Massachusetts. When Rhode Island receives notice of the conviction from Massachusetts, you will likely face a three month suspension in Rhode Island. If you also refused a breathalyzer test in Rhode Island, the Rhode Island DMV may seek to suspend your license for six months for the refusal. You can appeal the duration of the suspension in Rhode Island, but should anticipate receiving a license suspension in Rhode Island.
Rhode Island General Laws 31-11-7 authorizes the Rhode Island DMV to issue a license suspension as if the out-of-state offense happened in state. Massachusetts has a similar statute that allows for the Massachusetts RMV to suspend its license holders based on an out-of-state suspension. Accordingly, even if you have an out-of-state license, it is still critical to contest your OUI charge in court to avoid any license suspension in your home state.