How Does an OUI Affect Holiday Travel?

Will an OUI conviction or pending court date impact your travel plans?

If you have faced the charge of operating under the influence, you have likely come to understand that the impacts of this charge not only come from the court system, but the Registry of Motor Vehicles (RMV) as well. If you are still fighting an OUI in court or have been convicted, the details of your specific case may impact your ability to travel and your license. The attorneys at The Law Offices of Joseph D. Bernard are very well versed in these impacts and can provide you with guidance to best assist you with your travel plans and reinstating your license.

Travel and Your License

If you have failed or refused a breath test, your license is likely subject to a suspension. Additionally, if you were convicted or accepted responsibility for the charge of OUI in court, you are likely facing an additional loss of license. If you are a Massachusetts license holder whose license has been suspended, you are not permitted to operate a motor vehicle in any state until your license has been reinstated. Depending on your driving history and any prior OUI convictions, there may be certain requirements that you must meet and restrictions that you must agree to before you are eligible to reinstate your license. Our attorneys successfully work to reinstate our clients’ licenses, and we can provide you with detailed advice and guidance as to your next steps towards your reinstatement.

If you were charged with an out of state OUI, the state in which you are charged may have suspended your right to operate. If your right to operate has been suspended in another state, it is likely that the RMV will suspend your Massachusetts license. In order to reinstate your Massachusetts license, you will need to reinstate your driving privileges in the state where you were charged. If you were convicted of OUI/DUI, or assigned to an alcohol or substance use treatment or education program, the RMV may impose an additional license suspension against you. The RMV will suspend your Massachusetts license just as if that offense had occurred in Massachusetts. As a result, there may be additional requirements that you must meet before you are eligible to reinstate your Massachusetts license.

Pending Court Cases and Out Of State Travel

Depending upon the conditions of your pretrial release, you may not be able to travel outside of the state. COVID-19 travel precautions notwithstanding, there are times that the court will subject a citizen to travel restrictions to be released on bail. For example, pretrial probationary conditions may include random alcohol and drug screening, for which you must be available. Additionally, even if your license was not suspended at the time of your arrest, the court may have ordered that you not operate a motor vehicle while the OUI case is pending as a pretrial condition of your release. If travel is a concern for you and you are subject to a pretrial condition that prohibits your ability to travel, you may request that the court allow you to travel in a special circumstance. The attorneys at our firm can assist you in your request and help you coordinate and prepare with the Probation Department for your return.

OUI Convictions and Out of State Travel

If you were convicted or accepted responsibility for the charge of OUI, depending upon the disposition of your unique case, you may be subject to travel restrictions. If you are on probation, you may need to request the court’s permission to travel outside of Massachusetts. However, in some instances, the court may have waived any travel restrictions that you would normally be subject to while on probation. This is especially common for those facing a first offense OUI. It is critical that you know the conditions applied to your case. Our firm can help you determine whether you are subject to any travel restrictions and assist you with your request to travel if you are facing a travel restriction.

When in doubt, speak with an experienced OUI attorney to avoid unnecessary delays and potential legal ramifications due to travel this holiday season. The Law Offices of Joseph D. Bernard is here to provide you with clarity so that you can make informed and knowledgable decisions when it comes to traveling and your license.