Vermont DUI Consequences on Massachusetts, New Hampshire & New York Drivers' Licenses
View Detailed Information on Massachusetts, New Hampshire or New York
Consequences to New York Licensee of DUI Conviction in Vermont:
VTL §1193(2)(b)(8). Revocation of license for Out of state convictions:
90 DAYS REVOCATION
Effective until 10/1/09: 90 days, if convicted of an offense consisting of operating a motor vehicle under the influence of intoxicating liquor:
Under 21: 6 months, if licensee is convicted as a youthful offender or other juvenile adjudication, which would have been a misdemeanor or felony if committed by an adult, in connection with an offense consisting of operation a motor vehicle under the influence of or while impaired by the use of drugs
Effective 10/1/09: 90 days (sunset provision)
Practice Tips:
If client has a prior conviction for DWI in NY and receives a DUI conviction in VT: At least 90 days, but.VERY IMPORTANT: NY will ONLY reinstate in NY when driving privileges are reinstated in VT
Under the compact, until the state of conviction lifts the suspension, NY is bound to honor it.
Q: If NY licensee gets 6 months suspention for refusal w/re Civil Susp., and DUI conviction, what will NY do?
My best guess is that NY will reinstate after 90 days, but there is the possibility that NY won't reinstate until reinstated in VT.
In general though, NY will only suspend for convictions when the suspension is a part of the criminal penalty, not, as in VT, a DMV consequence for a conviction.
E.g., DUI reduced to Neg. Op. VT DMV will suspend driving privileges in VT for 30 days, but NY will not suspend for a Neg. Op. at all.
Conditional license available in NY for first offense if enrolled in alcohol education program. In order to do alcohol education program in NY, NY must be notified of VT conviction. If NY is not notified of conviction in timely manner, is possible that even after reinstated in VT, NY could suspend for 90 days.
NY will NOT suspend for a Civil Suspension in VT
NY will NOT suspend for a Neg. Op. or GNO
Because under the compact they treat it as a RD which does not carry with it a suspension.
Consequences to Massachusetts Licensee of DUI Conviction in Vermont:
If MA licensee is convicted of DUI in Vermont, MA will treat the conviction as a straight OUI conviction and suspend for 1 year.
Reinstatement requirements:
1) Upon completion of the alcohol program in VT or MA (16 weeks); 2) prove that reinstated in VT; 3) $500 reinstatement fee
The individual can petition the RMV for a 24D dispo and receive a 45 days suspension
And if the 45 days has not been served, they can petition for a hardship license (12 hour license)
All discretionary
If 1 prior: 2 year suspension: 2 weeks inpatient DPH alcohol program in MA; after 1 yr petition for hardship; and interlock device for duration of hardship plus 2 years after; if no hardship, 2 years after reinstatement.
If 2 prior: 8 years suspension; Hardship elig after 2 years; you have to do 3rd offender program (which is only available if you are incarcerated); interlock device for 2 years after reinstatement; during hardship and 2 yrs after reinstatement
Petition to board of appeals regarding the unavailability of the 3rd offender program
Practice tips:
- So-called 24D disposition: Only available on a -CWOF, w/re to a MASS charge, and involves getting into an approved alcohol program
if you elect and the court allows, can enter into an alcohol program, license is suspended in MA from 45 to 90 days (discretion of court)
only a 1st OUI or one prior more than 10 years ago. Court can treat you as a "second" first offender, that's in the discretion of the court.
- DUI reduced to Neg Op: MA will suspend for 60 days and require you to be reinstated in VT before reinstated.
- EFFECT OF CIVIL SUSPENSION:
When VT reports the civil suspension to MA, Ma has no way of distinguishing the Civil Suspension from a criminal suspension for alcohol related conviction, so MA treats the Civil Suspension as a suspension for a criminal conviction AND SUSPENDS FOR 1 YEAR.
HOWEVER, the licensee can request a hearing with a hearing officer to look over the paperwork and the hearing officer has the discretion to limit the suspension to when the driving privilege is reinstated in Vermont.
If MA LICENSEE IS CIVILLY SUSPENDED FIRST, THEN CONVICTED OF DUI IN VT: the Vermont conviction will be treated as if it is a conviction of OUI in MA. That will be treated as a separate and distinct suspension. No credit given for the initial suspension.
- DUI reduced to Neg Op: MA will suspend for 60 days and require you to be reinstated in VT before reinstated.
Any time a MA licensee is suspended in Vermont, VT will notify MA via the national driver registry; MA will honor the suspension in VT, which means they will become suspended in MA 30 days after the notification (driver will be notified by a letter to rectify the issue).
Once VT restores privilege to operate, MA RMV CAN reinstate license.
Source: Thomas Twomey 617-351-9009
Consequences to New Hampshire Licensee of DUI Conviction in Vermont:
We are now seeing for he first time that our VT DWI #1 clients with NH licenses are receiving a 9 month loss of license from the NH DWI. This is consistent with existing NH law (RSA 265-A: 18; Saf-C 204.07), but in the past the NH DMV imposed a 90 day suspension for VT DWI conviction, "honoring" the length of suspension imposed by VT. So, a 9 month suspension is now a more likely consequence to NH licensed drivers conviction of DWI #1 in VT (assuming this is a true first offense and they do not have any prior offenses within the past 10 years; the suspension in those cases is still 1 year).
Negligent Operation and Civil Suspensions will still receive a reciprocal suspension, minus a 30 day grace period and however long it takes VT and NH to exchange and process conviction/suspension information.
ISSUES FOR NEW HAMPSHIRE LICENSED DRIVERS CHARGED WITH DUI IN VERMONT
- NH licensed driver will receive same penalty as if offense occurred in NH. -Saf-C 204.01(c)
-Saf-C 204.07 (a)
-RSA 263:77 (Driver License Compact)
-RSA 265-A:26
- NH DWI License Penalties:
-RSA 265-A:18 (Penalties for Intoxication of Under Influence of Drugs Offenses)
I(a) DWI #1: Class B Misdemeanor; 9 month-2 year suspension, court discretion to suspend 6 months of suspension.
I(b) Agg. DWI (Speed/A TE/BAC): Class A misdemeanor; 18 month-2 year suspension, court discretion to suspend 6 months of suspension.
I(c) Agg. DWI (SBI/Fatality): Class B felony; 18 month-2 year suspension, court discretion to suspend 6 months of suspension.
III. Person Under Age 21: Minimum 1 year suspension.
IV. Conviction based on a complaint alleging prior convictions within previous 10 years:
- DWI #2: Class A misdemeanor; 3 year suspension.
- DWI #3: Class A misdemeanor: LIFE suspension, eligible for reinstatement after 5 years.
- DWI #4: Felony; LIFE suspension, eligible for reinstatement after 7 years.
- DWI #3/Subsequent if prior involved fatality: Felony; LIFE suspension, eligible for reinstatement after 10 years.
VI. Conviction not based upon a complaint alleging prior convictions, but record indicates prior conviction within previous 10 years: 1-3 year suspension, court discretion to suspend 6 months of suspension.
-Saf-204.07(c): DUI #1 with no prior convictions within previous 10 years: 9 month suspension, court discretion to suspend 6 months of suspension.
-Saf-C 204.07(d): DUI #1 but record indicates prior conviction within previous 10 years: 1 year suspension, DMV discretion to suspend 6 months of suspension.
-NOTE: In practice, because suspensions in NH are imposed by the court and not the DMV, the NH DMV appears to honor the suspension period imposed by VT for first time DUI offenders with no prior record.
- Effective date of suspension is date of final conviction. Saf-C 204.01(d) & 204.07(b).
- Reinstatement Requirements:
-CRASH or IDIP (Impaired Driver Intervention Program). RSA 263:65-a, RSA 265-A:18 & Saf-C 205.04.
-Proof of Financial Responsibility (SR-22). RSA 263:71-a, RSA 265-A:28 & Saf-C 205.04.
- All out-of-state suspensions must be cleared. Saf-C 205.04(a)(10).