When you are found guilty of an OUI in Massachusetts, two things happen on two different records: your driving record, and your criminal record. When someone says that an OUI stays on your record for a certain amount of time, at least in Massachusetts, they are talking about your driving record. Criminal records are an entirely different case, and without the help of an effective Massachusetts OUI attorney, can be on your record for life.
Read more about each of these records, how long an OUI stays on each, and how they will impact your life if you do not handle them properly in court.
OUI Driving Records
After you get an OUI, you will have the offense on your driving record permanently, but you can request to have it removed after a decade. If your trial ends in a Continued Without Finding (CWF), you may still have the charges on your driving record, which will impact things like your insurance premiums, as well as the length of your license suspension if you get any more OUI charges. This is because of the lifetime “lookback period” that Massachusetts has, meaning that no matter how much time has passed between charges, there will be no chance to be charged as a first time offender again.
Even if you are tried as a first-time offender in court because your charges were from a different state or some other reason that a judge would consider as a “Massachusetts first offender,” the Registry of Motor Vehicles (RMV) will consider this a repeat offense, and suspend your license accordingly. It is important that you work with your attorney to understand the best steps to take in order to manage this blemish on your record and to keep the damage to your life as minimal as possible moving forward.
OUI Criminal Records
Criminal records exist entirely separately from driving records, and an OUI will stay on your record indefinitely unless you are able to have it expunged. This option is extremely rare for an OUI, meaning that it will likely remain on your record forever. If you were under the age of 18 when you were charged for the OUI, you may be able to request that your record is sealed. In the event that your record is sealed, government officials will still be able to see that you have an OUI arrest in your criminal past, but it will not be available on things like CORI checks, meaning potential employers will not find it.
If you are tried for an OUI and your trial is continued without a finding, this does not mean that you will not be charged as a repeat offender if you are arrested again for OUI. Your attorney will be able to work with you after your case to make sure that you understand the stipulations of your convictions, how to minimize the damage, and how to avoid any future issues with the law.
OUI charges in Massachusetts can cause serious damage to your life, financially, socially, and professionally. The best way to avoid these problems is to avoid driving while intoxicated, but if you find yourself in a situation where you have been arrested for operating under the influence, your next best option is to get an attorney who understands the law, and who can help you work towards the best possible outcome for your case.
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